ORIENTAL INSURANCE CO LTD Vs. CHOGALAL

JUDGEMENT

(1.) THIS appeal is assailing the award dated 26.10.2006, passed by learned M.A.C.T., Indore in Claim filed by the appellant insurance company, Case No. 8 of 2005. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 1,54,500 with interest to the respondents by way of compensation for the death of their daughter Radha.

(2.) A claim petition was filed by the claimants-respondent Nos. 1 and 2, seeking compensation for an accident that took place on 16.11.2000 by Tata Sumo bearing registration No. MP 09-S 5894. It is stated in the claim petition that Radha aged 10 years along with her friend Reena was standing on the bank of the road near primary school of village Bhorasla at Indore- Sanwer Road to cross it. At that time, Tata Sumo bearing No. MP 09-S 5894 driven rashly and negligently by the driver hit Radha whereby she died on the spot and Reena was seriously injured. Respondent No. 3 was the owner of the said vehicle, which was insured with the appellant; however, the compensation was sought for to the tune of Rs. 1,00,000. Respondent No. 3 has denied the accident. It is averred that in the F.I.R. the accident was said to have been caused by Tempo Trax bearing registration No. 5894; however, the accident has not been done by Tata Sumo. It is further averred that the said Tata Sumo was in the use of one Civil Judge Rajiv Pal of Jhabua; however, the accident near Indore cannot take place by such Tata Sumo on the date of incident. In view of the said defence, prayer was made to dismiss the claim petition.

(3.) MR. S.V. Dandwate, learned counsel appearing on behalf of the appellant has argued with vehemence that the Tribunal has committed an error in recording the finding regarding occurrence of the accident on 16.11.2000 by Tata Sumo bearing No. MP 09-S 5894 causing death of Radha. It is argued by him that in the F.I.R. the make of the vehicle was mentioned Tempo Trax bearing No. 5894, but no vehicle was registered on such number, therefore, the police has submitted the final report. In such circumstances the involvement of the vehicle is doubted, even then the Tribunal has recorded a finding of causing accident by Tata Sumo bearing No. MP 09-S 5894. Such finding is illegal and contrary to the evidence available on record. He further argues that because final report in criminal case was submitted, therefore, the finding recorded that the said accident is caused by Tata Sumo bearing No. MP 09-S 5894 is without any basis, merely relying on the statement of the close relatives is unsustainable.