RAVI JATAV Vs. BRAJESH

JUDGEMENT

(1.) Miscellaneous Appeal No.94/2017 has been filed by the Insurance Company being aggrieved by award dated 21.10.2016 passed by the Fifth Additional Motor Accident Claims Tribunal, Morena in Claim Case No.195/2015, whereby learned Claims Tribunal has allowed the claim filed by the claimant Ravi S/o Mansharam Jatav. Another Miscellaneous Appeal i.e. M.A. No.987/2017 has been field by the claimant seeking enhancement of the award being aggrieved by the same award.

(2.) As far as learned counsel for the Insurance Company is concerned, it is submitted that he is challenging the award on twin grounds, namely that the Claims Tribunal has directed for payment of claim amount within a period of two months from the date of the award, failing which it is directed that award shall carry interest at the rate of 11%. This is contrary to the law laid down by the Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Keshav Bbahadur and others as reported in 2004 (2) SCC 370. Next ground, which has been taken by the learned counsel for the Insurance Company is that tractor has been falsely implicated, inasmuch as incident had taken place on 26.12.2013, whereas report was lodged on 27.12.2013 and there are no crush injuries, which could have been caused if tractor would have over run the leg/feet of the claimant. In this regard reliance has been placed on the judgment of the High Court of M.P., Bench Gwalior in the case of Oriental Insurance Company Ltd. Vs. Kalawati and others as reported in 2014 ACJ 2772 and it is submitted that since tractor has been falsely implicated therefore, insurance company needs to be exonerated.

(3.) Shri R.P. Gupta, learned counsel for the claimant submits that though Insurance Company has examined Investigator but Investigator did not bother to visit District Hospital, whose papers were on record, to find out as to whether any treatment was taken by the deceased at the hospital or not. Merely on the basis of certain photographs, which were taken by the Investigator namely Shri Brajesh Mishra, that too on 29.09.2014, after more than nine months of the accident, he has opined that such incident had not taken place due to involvement of the tractor, which was insured with the insurance company.