VIJAY Vs. NILESH

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 has been filed against the award dated 04.08.2009 in claim case no.434/2007 passed by 13th Addl. Member, MACT, Indore dismissing the claim of the appellant filed under Section 166 of the Motor Vehicles Act alleging that scooter bearing registration no.MP-09-JB-6082 driven by the deceased met with an accident by a motor cycle bearing registration no. MP-09-LK-9813. It was also alleged that the said vehicle was insured by the Insurance Company yet the Tribunal has not awarded any compensation to the claimant.

(2.) According to the respondent/Insurance Corporation in this case, the appellant wanted to take benefit of the accident claim by fabricating the documents and on the basis of a collusion petition with the driver of the offending vehicle, who was acquitted of his guilt in the prosecution lodged against him by the police on the basis of an FIR registered after 99 days on the basis of a compromise reached between the driver and the claimant. As such, it was submitted that as there was no involvement of the offending vehicle and the case was fabricated and false case , the claim has rightly been turned down.

(3.) The claim was contested by the Insurance Company, who has taken the following preliminary objections:-