NATIONAL INSURANCE COMPANY LIMITED Vs. BABLU

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988, has been filed against the judgment and award dtd. 30/9/2023 passed by the learned Motor Accident Claims Tribunal, Chamoli, in MACP No. 02 of 2022, Bablu @ Chandveer and others vs. National Insurance Company Ltd. and another, whereby an award of Rs.9,26,800.00 along with interest @ 7% per annum was granted as compensation in favour of the claimants.

(2.) Brief facts of the case are that on 13/7/2021, Ankit alias Ankit Kumar, employed as a tractor driver in Village Lacheda, was returning on foot to his native village Hathi Karoda at about 6:30 a.m. When he reached near the Indian Oil Petrol Pump on the Bypass Road, he was hit by an unknown vehicle being driven at high speed and in a rash and negligent manner, resulting in his death on the spot. Thereafter, a shopkeeper near the place of occurrence informed the police, who conducted the panchnama (inquest) treating the deceased as an unidentified person, and the post-mortem was conducted at the District Hospital, Muzaffarnagar. Subsequently, the respondents/claimants identified the body as that of Ankit Kumar at Police Station Shahpur and performed the last rites. The FIR was lodged on 22/7/2021 against an unknown driver and vehicle.

(3.) Learned counsel for the appellant submits that the Tribunal failed to appreciate that initially, the FIR was lodged against an unknown vehicle and driver, and it was only at a highly belated stage that motorcycle No.UP-12-AP-5992 (insured with the appellant) was introduced into the case; that, this raises serious doubts about the genuineness of the claim petition, which ought to have been dismissed at the threshold.