SUNDARESH Vs. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) HEARD the Counsel for the appellant and the respondent.

(2.) THE appellant is the claimant, whose claim petition before the Motor Accidents Claims Tribunal has been rejected. It is contended that the appellant, while riding pillion on a scooter bearing no.Ka-01-U-7639 had suffered injuries as a result of the vehicle having met with an accident and it is in this background that the appellant had lodged a claim for compensation. THE Tribunal has rejected the claim on account of the alleged discrepancies whereas, the rider of the vehicle against whom the police had initiated criminal section had pleaded guilty to the charge brought in this regard and therefore, the Tribunal was in error in proceeding to reject the claim petition. In the face of the circumstance that there was no dispute about the appellant being a pillion rider of the vehicle involved in the accident, the Tribunal has failed to address the claim for compensation. Hence, the Counsel would submit that it is a fit case which requires to be remanded to the Tribunal for a fresh consideration on merits since the Tribunal has rejected the petition on the alleged infirmities, which did not take away the genuineness of the claim.

(3.) BY way of reply, the Counsel for the appellant would submit that even if the insurer is to be absolved of liability, the Tribunal was required to address the claim for compensation as against the owner of the vehicle as there was admission of the accident by the rider of the vehicle involved. Therefore, the liability could well be fastened on the owner of the vehicle and this aspect of the matter requires to be considered by the Tribunal.