SHRIAM GENERAL INSURANCE CO. LTD. Vs. SAVITRI BAI

JUDGEMENT

(1.) This Misc.Appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 (fo r brevity "the Act") has been filed by the appellant-Shriram General Insurance Company Limited (hereinafter referred to as the "Insurance Company") against the impugned award dtd. 15/3/2022 passed by the Sixth Additional Motor Accidents Claims Tribunal, Bhopal [for short "the Tribunal"], by which, it awarded compensation of Rs.13,30,600.00 to the respondents/claimants on account of death of their son in motor accident.

(2.) Brief facts of the case are that the respondents No.1 & 2/claimants, who are parents of the deceased-Mahesh Rathore, filed claim petition under Sec. 166 of the Act contending that on 20/4/2019 at about 7.35 p.m. when deceased-Mahesh Rathore was going alongwith his friend on his motor-cycle at that juncture a car bearing registration No.MP-04/BC-0956 which was driving rashly and negligently dashed the motorcycle of the deceased causing him grievous injuries to the deceased on his vital parts of body. Ultimately, the deceased succumbed to the injuries and died during treatment on 21/4/2019 at Hamidiya Hospital, Bhopal. Accordingly, offence was registered at Police Station, Satlapur, Mandideep, District Raisen. The respondents/claimants filed claim petition claiming compensation jointly and severally against owner, driver and insurers of the offending vehicle.

(3.) The respondents No.3 and 4 (non-applicants No.1 and 2) remained ex parte before the Tribunal and did not file written statement. The appellant/Insurance Company/non-applicant No.3 filed written statement denying all the adverse allegations and contended that offence has been registered after about one month six days against unknown vehicle and thereafter 2 months and 04 days of accident the vehicle has been involved on 30/6/2019. The respondent/non-applicant no.1 himself reached to the Police Station and got his vehicle seized. This shows that a false case has been registered against the said vehicle just to realize amount of compensation from the Insurance Company. Alternatively, breach of terms and conditions of the insurance policy has been contended.