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13. The insurance company raised its contention on the basis of citation of National Insurance Company Limited vs. Rattani and others reported in (2009)2SCC75 and Oriental Insurance Company Limited (Supra).

14. In the case of National Insurance Company Limited vs. Rattani (Supra) the manner of accident was changed by witnesses while deposing before the tribunal and that was quite different from the versions recorded in the FIR as well as claim petition. The relevant paras 8,12 and 13 of the judgment are reproduced as under:

16. In the case of National Insurance Company Limited vs. Rattani (Supra), it is held by the Apex Court that ordinarily allegations made in FIR not admissible in evidence per se but as the allegation made in FIR had been made a part of the claim petition, Tribunal and the appellate Courts entitled to look into the same. Furthermore, an admission made in the pleadings is admissible in evidence proprio vigore. The facts in the case of National Insurance Company Limited vs. Rattani (Supra) and this case is quite distinguishable. The law laid down in the aforesaid judgments is distinguishable inasmuch as the facts and circumstances are all together different from what existed in this case.