ORIENTAL INSURANCE COMPANY Vs. BAL KRISHNA

JUDGEMENT

(1.) Heard learned Counsel for the petitioner as well as learned Counsel for the respondents. This First Appeal From the Order has been filed by the Oriental Insurance Company against the award dated 24.10.2005 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 2, Unnao in Claim Petition No. 211 of 1999; Bal Kishan and others v. Oriental Insurance Company and others, whereby the Court has allowed the Claim Petition and directed the Insurance Company to pay Rs. 4,47,000/- as compensation along-with 6% interest per annum from the date of presentation of the petition till actual pay.

(2.) In the claim petition the respondent who was aged about 56 years alleged that on 4.9.1998 he was going to Unnao from his house on his Motor Cycle bearing number U.P. 35A 3863. When he reached near village Khumankheda, P.S. Mangi at about 10.15 a.m., a Jeep bearing number D.L. 2CC 9518 being driven rashly and negligently hit the claimant's motorcycle due to which he fell on the road and was crushed by the jeep, which fled away. Due to this accident, claimant received serious injuries and was admitted in District Hospital, Unnao. Later on, he was shifted to Madhuraj Nursing Home, Kanpur.

(3.) After filing this claim petition, Insurance Company filed its written statement alleging that it is not possible for them to admit that the jeep was insured with them in absence of proposal form, insurance certificate, FIR shows that accident occurred on 4.9.1998 at about 10.15 a.m. And the vehicle was insured on 4.9.1998 from 10.00 a.m. Since the place of occurrence is 50 miles from the R.T.O. Office. Hence it appears that the vehicle was not insured at the time of accident and later on after the accident the vehicle was insured in collusion of the agent and development officer and that is why FIR was lodged on 5.9.1999. It was also mentioned that in the written statement that the owner and Insurance Company of the Motor Vehicle have not been made party. The owner and driver of the vehicle was filed written statement alleged vehicle was insured with the Oriental Insurance Company on the date and time of the accident but no accident took place of his vehicle.