UNITED INSURANCE CO.LTD Vs. RAKSINGH BHILALA

JUDGEMENT

(1.) This miscellaneous appeal has been filed by the appellant - Insurance Company under Sec. 173 of Motor Vehicles Act, 1988, being aggrieved by award dtd. 15/7/2008 passed by Additional Member, Motor Accident Claims Tribunal, Jhabua, in Claim Case No.46/2007.

(2.) Learned counsel for the appellant/Insurance Company after referring to FIR Ex.P/1 submits that it has been lodged by pillion rider but therein no details of offending motorcycle i.e. color make, model etc are mentioned and neither the name of driver, is mentioned therein. It is mentioned in FIR that rider of motorcycle fled away from the scene of accident immediately. The incident is dtd. 20/1/2007, FIR was lodged on 20/1/2007 and motorcycle has been seized on 20/3/2007. Chargesheet has been filed on 22/3/2007. Appellant has not examined Ganpat who lodged FIR. The appellants have examined Jhetu (PW/2) but his name is not mentioned in any documents prepared immediately after the accident. This witness has stated that he knows injured but he did not take him to hospital. This witness has also not lodged any FIR. (PW/1) has not stated anything about Jhetu in his deposition. On above grounds, it is submitted involvement of offending vehicle in the accident is not proved. Hence, insurance company is not liable to pay the compensation.

(3.) Relying upon United India Insurance Company Limited vs. Salauddin Abdulkhadar Maniyar and Another reported in 2009 ACJ 524 (Karnataka) it is urged that where the Insurance Company has challenged involvement of offending vehicle in the accident and has disputed the liability, then cross objections for enhancement of award are not maintainable. The respondents/claimants should have separately filed the appeal. The compensation awarded by the Tribunal is just and proper and no enhanced amount is required to be paid to the respondents/claimants. On above grounds, it is urged that appeal be allowed and Insurance Company be exonerated from liability to pay the compensation.