KAPIL Vs. SHEKHAR AND OTHERS

JUDGEMENT

(1.) Present appeal has been filed under section 173(1) of the Motor Vehicle Act, 1988 against the award dated 22/07/2015 passed in Claim Case no. 53/2015, by which the MACT, Barwani.

(2.) Present appellant met with an accident on 17/03/2013 at 7.30 pm by Maruti Van bearing registration no. MP-09-BB-0126 owned by respondent no. 1 and driven by respondent no. 2. Due to the said accident, the appellant received internal injuries and immediately admitted in the primary health centre, Rajpur. The accident was reported to the police by way of MLC, thereafter, he was referred to the District Hospital, Barwani and further referred to Indore. The appellant was hospitalized in Mayank Hospital for the period from 18/03/2013 to 26/03/2013. The FIR was recorded on 28/03/2013 under sections 279 and 337 of IPC against the driver of the offending vehicle. The appellant filed claim case before the MACT claiming compensation of Rs. 12,50,000/-. After notice, the defendant nos. 1 and 2 appeared and did not dispute the involvement of the vehicle in the accident and further submitted that the vehicle was insured and therefore, the Insurance Company is liable to pay the compensation.

(3.) Respondent no. 3/Insurance Company filed written statement denying liability by alleging violation of the terms and conditions of the policy and false implication of the offending vehicle as there was delay in lodging FIR.