ASHA RANI Vs. SHIV RAM

JUDGEMENT

(1.) Smt. Asha Rani and others, the appellants, have brought this appeal under the provisions of section 173 of the Motor Vehicles Act, 1988 (for short, "the Act") challenging the award dated 22.10.2009 made by the Motor Accidents Claims Tribunal, Karnal (for short, "the Tribunal") vide which their claim petition brought under section 163A of the Act has been dismissed. The facts necessary for disposal of this appeal are as under:- On 3.11.2006 at about 10.15 p.m. Raj Pal (deceased) was going from Nilokheri to village Bhadson on a motorcycle bearing registration No. HR-05-S-7173. He was driving his motorcycle on his due left side of the road at a very slow speed. When he was near the bridge of Manak Majra, an unknown vehicle had hit his motorcycle and succeeded in escaping from there. The deceased suffered multiple injuries including head injury and he died at the spot. The deceased was taken to General Hospital, Karnal where postmortem examination on his dead body was conducted. A case was registered in this regard at Police Station Butana vide FIR No. 292 dated 4.11.2006 under sections 279/304A IPC. The deceased had been 27 years of age and was working as labourer earning Rs. 3,000/- per month. The claimants have spent a sum of Rs. 30,000/- on the last rites of the deceased and they have sought compensation in a sum of Rs. 20,00,000/-.

(2.) Shiv Ram, the owner of motorcycle No. HR-05-S-7173 did not contest the case and was proceeded against exparte. The insurer of the motorcycle, the Oriental Insurance Company Limited, respondent No. 2 has filed written statement claiming collusion between the claimants and respondent No. 1. It is also averred that the deceased was not holding a valid and effective driving licence and that the vehicle was being used in violation of the terms and conditions of the insurance policy. The very accident is denied to have occurred involving the vehicle in question. It is denied that the deceased suffered any injury or died on account of the same. However, the motorcycle bearing engine No. 26369 and chassis No. 81993 is admitted to have been insured with the answering respondent for a period from 5.9.2006 to 4.9.2007 in the name of Shiv Ram son of Kanhya Ram.

(3.) On the pleadings of the parties, the following issues were framed by the Tribunal:-