RELIANCE GENERAL INSURANCE CO. LTD Vs. DEVISINGH

JUDGEMENT

(1.) The appellant ? National Insurance Co. Ltd. has filed the present appeals being aggrieved by award dated 9.7.2012 passed by 14th Motor Accident Claims Tribunal (Fast Track Court), Indore whereby the claim cases filed by the respondents/claimants have been allowed and the appellant ? Insurance Co. has been directed to pay compensation jointly and severally along with owner and driver of the offending vehicle.

(2.) Facts of the case are that all the injured and the deceased were travelling in Maruti Van bearing Registration No. MP-09-BA-6623 from Manpur to Indore. Near Mahakaal Restaurant on Agra Bombay Road, one Eicher Truck bearing Registration No. MP-09-GE-9153 dashed the Maruti Van from the back side. The accident took place at 2 'O' clock in the night. Immediately First Information Report (FIR) was lodged in the Police Station Manpur and Crime No.186/2010 was registered against unknown Eicher Truck Driver.

(3.) Four claim cases were filed before the Claims Tribunal at Indore. In all the claim cases, Insurance Co. of the Eicher Truck was impleaded as non-applicant. The owner and driver of the offending vehicle remained ex-parte and the appellant/Insurance Co. alone contested the claim cases by filing reply. Apart from the usual objections, the appellant took a plea that Eicher Truck has been falsely implicated in this case in order to fetch the claim from the Insurance Co. The FIR was lodged against the unknown vehicle and later on, after a period of two months, with the help of Police, the vehicle in question has been implicated in the accident, therefore, the Insurance Co. is not liable to pay the compensation.