ANIL Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) The Punjab and Haryana High Court by its judgment dated 6 September 2010 reversed a decision of the Motor Accident Claims Tribunal, Rewari dated 6 February 2001. The Tribunal awarded compensation of Rs. 21,38,000/- together with interest at the rate of 9 percent per annum to the appellants. The High Court reversed the award on the ground that the appellants had set up a "brazenly false case.to stage manage a fake involvement of the insured's vehicle".

(2.) The deceased was a person by the name of Ram Kanwar. His brother Satbir Singh was the owner of a tractor. The case of the claimants which was sought to be established through PW1 Bhawani Shankar was that on 12 January 1995 he together with two others namely Rohtas and Ghanshyam (PW2) were proceeding in a tractor driven by Dharampal from Sehjahpur to village Jat Behrod. Ram Kanwar signalled for the tractor to stop. However, the tractor was driven in a rash and negligent manner, as a result of which, it ran over Ram Kanwar. Besides adverting to the evidence of PW1 and PW2, the alleged eye-witnesses, the Tribunal adverted to the FIR lodged against Ram Kanwar under Sections 279 / 304-A of the Penal Code. In holding that the accident had occurred and that it was caused due to the negligence of the tractor driver, the Tribunal observed thus:

(3.) In appeal, the High Court has adverted in significant detail to a number of "disturbing facts" which have emerged from the narration of the case by the claimants. The High Court has adverted to the relevant aspects of the evidence thus :