NATIONAL INSURANCE CO. LTD. Vs. SEEMABAI

JUDGEMENT

(1.) This Misc. Appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 has been filed by the appellant assailing the impugned award dtd. 22/10/2016 passed by the Addl. Member MACT Badnagar, Dist. Ujjain (MP) in MACC No. 08/2015, whereby an amount of Rs.5,73,000.00 has been awarded in favour of the respondent no. 1 to 4, survivors of deceased Nirbhay Singh @ Sanjay.

(2.) Brief facts of the case is that the aforesaid claim petition was filed by the legal representatives of the deceased Nirbhay Singh @ Sanjay for compensation under Sec. 166 of the Motor Vehicles Act, 1988, alleging that on 20/10/2014 Nirbhay Singh along his friend Tejram was travelling on a motorcycle and heading towards Ujjain, at about 06.05 P.M. when they reached Chankhedi turned on Badnagar-Ujjain Road, respondent No. 5 driving rashly and negligently a jeep bearing registration No.M.P-13-B.A- 2083 dashed the motorcycle, as a result of which Nirbhay Singh and Tejram sustained grievous injuries and Nirbhay Singh succumbed on the spot.

(3.) Learned counsel for the appellant submits that appellant/insurance company has challenged the award on the ground that the alleged accident took place on 20/10/2014 and F.I.R. (Ex.P/2) was lodged against the insured vehicle on 20/10/2014 against unknown vehicle. The insured vehicle was seized on 14/12/2014 without any evidence, which means the insured vehicle is falsely implicated in the offence. He further submits that the claimants have examined P.W.-1 Seemabai and eye-witness P.W.-2 Bharat Singh and the Insurance Company examined DW-1 Dinesh Singh Rawat, an investigating officer of the Insurance Company. He further submits that the deceased was along with one Tejram, who was not examined by the claimants. Hence, prays for allowing the appeal by setting aside the impugned award.