PRITEE Vs. SHASHI KUMAR

JUDGEMENT

(1.) This appeal has been filed challenging the Award dtd. 30/3/2019 passed by the learned Motor Accidents Claims Tribunal-01, Central, Tis Hazari Courts, Delhi (hereinafter referred to as the 'Tribunal') in MACT No. 616/2017 titled Pritee @ Pitambari Devi &Ors. v. Shahsi Kumar &Ors., dismissing the Claim Petition of the appellants herein on the ground that the claimants/appellants have been unable to prove that the accident was caused by the Motor vehicle bearing no. DL-8S- BR-4283 (hereinafter referred to as the 'offending vehicle').

(2.) It is the case of the appellants that on 2/7/2016, appellant no.2 along with his son late Shri Manish had gone to the Sukhdev Ka Dhaba, Murthal, Sonipat, Haryana for dinner. After finishing their dinner, the appellant no.2 and the deceased were returning home at about 12:30 AM. When they reached the main road in front of the above said dhaba, the offending vehicle bearing no. DL- 8S-BR-4283 came at a very fast speed in a rash and negligent manner from the side of Delhi and hit the deceased, consequent whereof the deceased fell down and sustained multiple injuries. The deceased was rushed to the Community Health Center, Gannaur, Sonepat, Haryana, however, he succumbed to his injuries.

(3.) The respondent no.3, the Insurance Company took a plea that the case being set-up before the learned Tribunal is contrary to the FIR registered, which recorded that the accident had taken place due to the motorcycle bearing no. DL-6S-AK-4460, make Bajaj Discover. The respondent no.3 further took a plea that since the said motorcycle was not insured, the appellants in collusion with the local police and the respondent Nos. 1 and 2, who are the driver and the owner of the offending vehicle, have falsely alleged that the accident had taken place due to the offending vehicle. The respondent no.3, therefore, denied that the offending vehicle was involved in the accident and consequently pleaded that it was not liable to pay any compensation.