NATIONAL INSURANCE CO. LTD. Vs. SHIMLA DEVI

JUDGEMENT

(1.) Aggrieved with the award dtd. 30/7/2021 rendered by Motor Accidents Claims Tribunal, Karnal, Insurance Company has preferred the instant appeal.

(2.) Briefly stated, the facts of the case are that on 17/4/2017, at about 4.30 PM, Sham Lal along with one Amrit was going from village Tikri to village Barna side on motorcycle, which was being driven by him at a moderate speed. When they reached GT Road, NH-1 ahead of Merrut Raod near Shani Dev Mandir, suddenly one car bearing registration No. HR-40-B- 3462 came from Karnal side. Driver/respondent No.1 was driving the said car rashly and negligently which hit the motorcycle. Due to this, Sham Lal and Amrit fell down and received multiple injuries. Both were taken to Government Hospital where Sham Lal was referred to PGI, Chandigarh. On 26/4/2017, Sham Lal succumbed to his injuries. The said accident was witnesses by one Somnath and his wife. Accordingly, FIR No.422 dtd. 18/4/2017 under Ss. 279/304-A IPC was registered at Police Station City, District Karnal. The claim petition claiming compensation of Rs.20.00 lacas along with interest @ 24% per annum was filed by the claimants who are widow, children and father of deceased Sham Lal. Upon notice, respondents No.1 and 2 appeared and filed joint written statement taking preliminary objections regarding maintainability, locus standi, cause of action, non-joinder of necessary parties etc. On merits, it was averred that no accident ever took place. Respondent No.3-Insurance Company filed separate written statement taking preliminary objections regarding maintainability; locus standi; cause of action; estoppel; jurisdiction; mis-joinder and non-joinder of necessary parties; collusion etc. Both the parties led their respective documentary as well as oral evidence. Accordingly, vide Award dtd. 30/7/2021, a total compensation of Rs.11,31,692.00 was awarded to all the claimants.

(3.) From the pleadings of parties, following issues were framed by the learned Motor Accident Claims Tribunal :-