NATIONAL INSURANCE COMPANY LIMITED Vs. AMARJIT SINGH

JUDGEMENT

(1.) This is an appeal filed by the Insurance Company of the offending vehicle, challenging the award passed by the Motor Accidents Claims Tribunal, Karnal (in short 'the Tribunal), in an accident case, whereby the petition has been allowed and the compensation has been awarded to the claimants/ respondents.

(2.) The brief facts giving rise to the present appeal are that; the respondents had filed claim petition asserting therein that on 28.9.2016, Devender son of Avtar Singh; along with his cousin sister Daljeet Kaur; were coming to Village Sonkara, District Karnal on a motor cycle bearing registration No. HR-08N-2873, which was being driven by him at a moderate speed. Daljeet Kaur was the pillion rider. When they reached behind railway crossing, Dhand, then a tractor trolly bearing registration No. HR-21J-4708, being driven by respondent No.4 herein, in a rash and negligent manner, came from Dhand side and struck against the motor cycle. Due to the impact, Daljeet Kaur fell down and received serious injuries on vital parts. Subsequently, she succumbed to her injuries. It was further asserted that Daljeet Kaur was doing embroidery work and earning Rs.5000/-per month. On the basis of these assertions, the claim petition was preferred.

(3.) On notice, the driver and the owner filed their joint written statement and contested the petition by asserting that no accident has taken place with their vehicle. A false story has been created only to get the amount of compensation. Further it was asserted that the amount claimed by the claimants was highly excessive and exorbitant one. The Insurance company/ appellant herein, filed separate written statement alleging therein the connivance and collusion of the owner and driver with the claimants. Further it was asserted that the driver was not holding valid insurance policy and valid driving licence at the time of accident. The vehicle was being plied in contravention of the provisions of the insurance policy, as well as, the Motor Vehicles Act.