NEW INDIA ASSURANCE CO.LTD Vs. ASHISH

JUDGEMENT

(1.) The appellant/Insurance Company has filed this appeal under Sec. 173 of the Motor Vehicles Act being aggrieved by the award dtd. 8/8/2011 passed in Claim Case No.43/2009 challenging the liability imposed upon it for payment of compensation.

(2.) Short facts of the case are that on 24/6/2009 deceased Mangalabai was going on motorcycle No.MP-09-MR-1102 as a pillion rider, respondent No.2 Prakash Rao was riding the same in rash and negligent manner as per the contents of the claim petition. When they reached near Musakhedi Ring Road, Pink City, accident occurred as another motorcycle dashed into the motorcycle of Prakash Rao, respondent No.2. Deceased Mangalabai sustained grievous injuries in the accident and died because of the same.

(3.) The Insurance Company has come before this Court on two grounds; (i) there was complete absence of any material to show rash and negligent driving of the rider of motorcycle No.MP-09-MR-1102 (insured vehicle); and (ii) the rider Prakash Rao was not having valid driving license for riding the motorcycle. He, thus submits that on any count the Insurance Company could not have been saddled with the liability to pay compensation. In support of his submissions he referred to para Nos.13 and 14 and submits that the accident occurred due to rash and negligent driving of the respondent No.2. He has placed reliance on Ex.P/2 the FIR and closure report, which was registered in Police Station, Sanyogitaganj, Indore in which statement of respondent No.2 and Ashish were recorded during Marg investigation. He points out that para No.13 and 14 itself would show that it was the unknown motorcycle, which was being driven in rash and negligent manner and not the motorcycle driven by respondent No.2. In the statements recorded in Marg intimation and in criminal case there is no whisper of rash and negligent driving on the part of respondent No.2. He, thus submits that in absence of rash and negligent driving on the part of respondent No.2 Prakash Rao the Insurance Company could not have been held liable to pay compensation in the case.