DEEPENDRA KUMAR Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicle Act 1988 has been preferred by the claimants/appellants against an Award dated 14th December 2004 in Claim Case No. 77/2004 passed by the Third Additional Member of the Motor Accidents Claim Tribunal, Gwalior dismissing thereby claim petition of appellants under Section 163-A of the Act.

(2.) The facts of the case are that on 9th April 02 deceased Devenra Kumar Saxena working as an Auditor in the Accountant General Office was going by his scooter from Katoratal towards the way of J.A. Hospital Gwalior. At that juncture, it is alleged that one jeep being driven rashly and negligently by some unknown person caused hit to the deceased, resultantly, he got seriously injured. He was admitted in the hospital but could not be saved. No F.I.R. of the incident was lodged in Police Station. The Marg report at the behest of Medical Officer of the concerned hospital was written. On inquiry, it appears that no vehicle dashed the deceased whereas he got injured on account of his own negligence. So, the final report was filed before the trial Magistrate. It is stated that the vehicle was insured under comprehensive policy with respondent-Insurance Company. Under the circumstances, the claimants filed the claim petition under Section 163-A of the Act seeking compensation of Rs. 11,30,000/- against the respondent under all heads.

(3.) It is contended on behalf of the appellants that the impugned award rejecting claim petition by the learned MACT is against the evidence on record and the law applicable to the present case. It is submitted that the deceased was driving the vehicle which was comprehensively insured with respondent/Insurance Company and thus, the Insurance Company is liable to satisfy the claim for accident which arose due to rash and negligent driving of the opposite vehicle which was unknown. It is submitted that there was no violation of the terms of policy by the deceased. In such premises, it is prayed that by allowing the appeal, the award for appropriate amount against the Insurance company may be passed.