NATIONAL INSURANCE COMPANY LIMITED Vs. BIMLA AND ORS.

JUDGEMENT

(1.) The Insurance Company is in appeal challenging the involvement of the insured's vehicle and would state that it was a fabricated claim. The contentions made on behalf of the claimants were that the husband of the first claimant Raghbir Singh was driving the scooter with one Balwan, who was the pillion rider. The accident was said to have resulted when the insured's jeep coming from the opposite direction attempted to overtake a bullock-cart which was going ahead of the jeep and in that process, he struck his jeep against the scooter on the kacha portion of the road. The scooterist fell down and received grievous injuries that proved fatal. The accident was alleged to have taken place on 15.09.1999 at about 8 PM near S.D. School, Narwana on canal road. He was initially taken to CMC Hospital, Hisar in a serious condition where he admitted upto 17.09.1999 and later referred to PGIMS, Rohtak but on the way, he had succumbed to his injuries.

(2.) The owner of the jeep filed the written statement admitting the accident but denied that it took place on account of negligent driving of his driver Prem Singh but that the accident took place only by the scooterist having struck a bullock-cart and later on striking against the jeep. The Insurance Company contested the case stating that the claim petition was fraudulent and the petition itself was not maintainable without impleading the driver. It was also contended that there was no FIR/DDR regarding the alleged incident and that therefore, the claimants are not entitled to obtain any compensation making the insurer liable.

(3.) The Tribunal relied on the evidence of Balwant the alleged pillion rider in the vehicle driven by the deceased. The Tribunal took the evidence of PW2 to obtain corroboration from the statement of Balbir Singh RW1, who was stated to be the owner of the vehicle. The Tribunal rejected the plea of collusion between the claimant and the owner by pointing out that the insurer had not even asked the witness Balbir Singh why he was travelling in the jeep at the relevant time and what was the purpose for his coming to Narwana. The Insurance Company had made their investigation through a private investigator and they were convinced that no such accident had taken place involving the insured's vehicle.