RELIANCE GENERAL INSURANCE CO. LTD. Vs. TRILESH NIBORIYA

JUDGEMENT

(1.) This is an appeal, under Section 173 of the Motor Vehicles Act, 1988, filed by the insurer of truck, bearing registration No. UP-13-S-1132 against the order of Tribunal dated 8.7.2014, by which Tribunal has awarded a sum of Rs. 21,24,552/- towards compensation. Brief facts as stated in the impugned order are that on 14.2.2009 when the deceased, Kashi Nath Niboriya was going on foot at G.T. Road, near Naya Gaon Bijli Ghar, the offending vehicle, bearing registration No. UP-13-S-1132 hit the deceased, causing grievous injuries, resulting in his death. The deceased was a permanent employee of the State Government in Trade Tax Department. Tribunal has recorded the finding that the accident has been caused on account of the negligence of the offending vehicle. Tribunal, having regard to the salary of the deceased and the age, has awarded the compensation.

(2.) Learned counsel for the appellant submitted that the first information was lodged against the unknown vehicle. Subsequently, vehicle has been implanted. He further submitted that the same vehicle was also involved in the accident, occurred on 3.9.2010, in which M.A.C. No. 51 of 2011 was filed. The driver and owner of the vehicle did not appear. Therefore, the involvement of the said vehicle is doubtful. He further submitted that the accident took place prior to the commencement of Motor Vehicles Rules, 2011, which came into force on 26.9.2011 and, therefore, the compensation awarded towards future prospect is not unjustified.

(3.) We do not find substance in the argument of learned counsel for the appellant. Merely because in the First Information Report, the number of vehicle was not given but subsequently, the registration number of the vehicle involved in the accident was provided to the police authorities and on the investigation it was found that the said vehicle was involved in the accident, the claim of the claimants cannot be rejected. Further we are of the view that in case, if the owner or driver of the vehicle did not appear, the claim of the claimants cannot be refused. Tribunal on the basis of the eye-witness and the material on record has arrived to the conclusion that the accident has been caused by said vehicle, bearing registration No. UP-13-S-1132. The findings of the Tribunal are findings of fact.