NEW INDIA INSURANCE CO. LTD. Vs. DILIPSINGH

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. 25/1/2011 passed by Additional Member, Motor Accident Claims Tribunal, Sonkatch, district Dewas (M.P.) in Claim Case No.55/2009, whereby the claimant/injured has been awarded an amount of Rs.1,21,200.00 with interest @ 7% p.a and liability has been fastened on the owner, driver and the Insurance Company.

(2.) Counsel for the appellant firstly argues that in FIR Ex.P-2 number of the offending vehicle has been mentioned as MP-41-MA-1209, whereas the claim has been filed against vehicle no.MP-41- MA-9038. This discrepancy in the number itself reveals that vehicle has been falsely implicated in the case. This point has not been considered by the Claims Tribunal in right perspective. He secondly and lastly submits that on the date of accident i.e.14/8/2007 respondent no.2 driver of the offending motorcycle was not having any licence and the learning licence which has been filed is effective from 12/9/2007 therefore, when there was no driving licence with the driver of the offending vehicle then no liability could have been fastened on the Insurance Company. Hence, prays for exoneration of the Insurance Company. For this he has placed reliance on the judgment of the Punjab and Haryana High Court in the case of National Insurance Company Limited Vs. Kirpal Kaur and others 202D ACJ 90.

(3.) Per contra learned counsel for the claimant/respondent no.1 submits that even though in FIR Ex.P-2 the number of the vehicle has been mentioned as MP-41-MA-1209, but during investigation it was found that the offending vehicle number is MP-41-MA-9038 and thereafter the charge sheet was filed against the driver of the offending vehicle. The case of the appellant/Insurance Company is not that this is a case of false involvement of the vehicle and claimant has filed claim involving vehicle no. MP-41-MA- 9038 which has been ultimately found involved in the accident by the police officer. Therefore, no contention in this regard can be raised by the Insurance Company. On these submissions, learned counsel prays for dismissal of the appeal.