NATIONAL INSURANCE CO. LTD. Vs. BALRAM

JUDGEMENT

(1.) This miscellaneous appeal filed by appellant/insurance company under Sec. 173 of Motor Vehicle Act is arising out of the award dtd. 28/10/2021 passed by Additional MACT, Dharampuri, District- Dhar in Claim Case No.139/16 claiming exoneration of liability of the appellant/insurance company.

(2.) Brief facts of the case is that respondent Nos.1 and 2 are wife and son of the deceased - Balram. On 23/2/2015, Balram was going on motorcycle being driven by his son-Amit (appellant No.2/respondent No.2). The motorcycle was being driven rashly and negligently by Amit due to which Balram fell down and suffered grievous injuries. He was hospitalized for long period but did not come out of comma and died during the pendency of the claim application. It is further alleged that deceased was aged 40 years and earning Rs.20,000.00 per month. The compensation was claimed on various grounds. The owner/driver proceeded exparte before the tribunal. Appellant/insurance company filed their written statement and stated that F.I.R. is lodged with delay of 3 months of the accident and applicant's son/son of the deceased did not suffer any injuries and false claim has been lodged. It has been further submitted that claimants filed false report before police station for claiming compensation.

(3.) Tribunal framed issues and after recording evidence held that accident involved insured motorcycle and awarded a sum of Rs.8,70,600.00. Being aggrieved by this, appellant preferred this appeal on the ground that tribunal has grossly erred in holding the accident as alleged by the applicants without there being any evidence on record to prove the case of the applicant. He further submitted that appellant No.2 is son of the deceased and was also the driver as alleged and is also respondent No.2. A person cannot be a claimant and person claimed from. It is evident that accident must have been caused by deceased himself and subsequently to claim the benefit of the policy issued for the motorcycle, the deceased was shown as a pillion rider and son as the driver, as in the initial documents, nothing has been stated about the accident, nor the intimation to police disclosed the accident. The F.I.R. was lodged after 3 months of the accident and claimant did not explain the delay caused in lodging F.I.R. Learned counsel for the appellant/insurance company prays for exoneration of the liability of the insurance company.