NATIONAL INSURANCE COMPANY LIMITED Vs. GANGA PRASAD

JUDGEMENT

(1.) The instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by insurer of the offending Truck No.UP-64-AT-2481 against the impugned judgment and award dtd. 16/7/2025 passed by the Motor Accident Claims Tribunal, Sonbhadra in M.A.C.P. No.70 of 2018 (Ganga Prasad and another vs. Anurag Rai and others), whereby for the untimely death of Arvind Kumar, in a motor accident that occurred on 2/2/2018, a compensation of Rs.9,91,200.00 alongwith interest @ 7% per annum has been awarded to claimants(parents), which has been ordered to be indemnified by the insurer of the above offending Truck No.UP-64-AT-2481.

(2.) Learned counsel for the appellant- Insurance Company submitted that in the criminal case registered regarding the accident, after investigation, a final report has been submitted by the Investigating Officer on the ground that no such accident occurred and the deceased was driving his motorcycle in a rash and negligent manner, which collided with an electric pole. Learned counsel submitted that in the criminal case, the accident has not been proved but as an after thought, the claimants have filed the claim petition by mentioning that the deceased was standing by the road side when it was hit by the offending truck, which is totally contrary to the recitals of the final report. Learned counsel submitted that the Tribunal has erred by ignoring the final report. In the facts and circumstances of the case, the claim petition should have been dismissed.

(3.) Per contra, learned counsel for the claimant-respondents submitted that the claim petition is to be decided on the basis of evidence adduced before the Tribunal. The claimants duly proved that at the time of the accident, the deceased was standing by the road side, who was hit by the offending truck, which was being driven in a rash and negligent manner, as such, even if a final report has been submitted in the criminal case, it is not fatal to the claimants' case. With these submissions, it was prayed that the appeal is meritless and be dismissed at the admission stage.