RELIANCE GENERAL INSURANCE CO. LTD. Vs. PUJA AGRAHARI

JUDGEMENT

(1.) The instant appeal has been preferred by the insurer of the offending Car No.UP-62-BD-5969 under Sec. 173 of the Motor Vehicles Act, 1988 against the impugned judgment and award dtd. 4/10/2025 passed by the Motor Accident Claims Tribunal, Jaunpur in Motor Accident Claim Petition No.259 of 2018 (Puja Agrahari and others vs. Avtar Singh and others) whereby for the untimely death of Pawan Kumar in a motor accident that occurred on 11/5/2018, a compensation of Rs.10,83,000.00 along with interest @ 7.5% per annum has been awarded to the claimants(wife,children and parents), which has been ordered to be indemnified by the insurer of the offending Car No.UP-62-BD-5969.

(2.) Learned counsel for the appellantInsurance Company submitted that the very factum of the accident is wholly doubtful, as the owner of the alleged offending car contested the claim petition on the ground that the vehicle was fraudulently implicated in the accident.

(3.) It was further submitted that no accident was caused by the alleged offending car; however, despite this, the Tribunal held otherwise. Learned counsel also submitted that the claimant was travelling on a motorcycle which collided with another motorcycle and subsequently, in order to claim fraudulent compensation, the alleged offending car was falsely implicated in the claim petition, yet the Tribunal rejected this contention and held otherwise. It was further submitted that the FIR was lodged with delay, which also makes the accident doubtful.