VESTA Vs. TARA CHAND

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act,1988 has been filed by the claimant challenging the award dated 9.3.2006 passed by Motor Accident Claims Tribunal Kukshi, District Dhar in Claim Case No. 112/05. The respondent no.3-Insurance Company has filed the cross objection in the matter disputing the liability of the insurance company.

(2.) The appellant who was the pillion rider on the motorcycle No. M.P. 11 BC/6681 driven by the respondent no.1, had suffered injuries in the accident which had taken place on 4.4.2005. The motorcycle was insured with the respondent no.3-Insurance Company. A claim petition was filed by the appellant before the Tribunal claiming compensation from owner and driver of the motorcycle as well as the respondent no.3-Insurance company, with which the motorcycle was insured.

(3.) Learned counsel for the respondent-Insurance Company pressing the cross objection submitted that the accident was not caused on account of any fault on the part of the motorcycle driver, and the said accident was caused by an unknown truck, therefore, it was a case of hit and run where insurance company is not liable. Such an objection of the insurance company cannot be accepted. The FIR (Ex.P/1) indicates that the accident had taken place on account of rash and negligent driving of the motorcycle. The Tribunal has taken into account relevant evidence on record and has rightly found that the accident was caused by the motorcycle. Such a finding of fact needs no interference. Even otherwise the cross objection has not been filed within time. Accordingly the cross objection is rejected.