NEW INDIA ASSURANCE COMPANY LTD. Vs. SUKHVINDER KAUR

JUDGEMENT

(1.) RESPONDENTS No. 1 to 3 filed the claim application under Section 166 of the Motor Vehicles Act, 1988 seeking compensation on account of the death of one Surjit Singh in a motor vehicular accident on 17.02.2012 caused due to rash and negligent driving of the offending vehicle i.e. Bus bearing registration No. PB13N -5731 by its driver i.e. respondent No. 4. The said application was contested by the appellant -Insurance Company as well as driver and owner of the offending vehicle. After considering the evidence on record and the arguments raised, vide impugned Award dated 22.04.2014 the Tribunal held that Surjit Singh died on account of injuries sustained by him in a motor vehicular accident on 17.02.2012 on account of rash and negligent driving of the offending vehicle by its driver and the claimants were entitled to compensation of Rs. 7,16,972 payable by the appellant as well as respondents No. 4 and 5 jointly and severally. While holding so, the Tribunal further held that there was no collusion of the claimants in filing the claim application with the driver/owner of the offending vehicle and further there was no violation of the terms and conditions of the insurance policy as driver of the vehicle in question was possessing a valid driving licence at the relevant time.

(2.) NOT satisfied from the aforesaid Award, the Insurance Company has filed the instant appeal.

(3.) LEARNED counsel for the appellant has further argued that the appellant got verified the facts from the office of Licencing Authority, Raipur by deputing an Investigator who submitted his report attached as Annexure A -2 and also a certificate (Annexure A -3) with the application for leading additional evidence. However, the verification report submitted by the appellant -Insurance Company has not been taken into consideration by the Tribunal on the ground that the same has not been proved in accordance with law. The appellant has also filed an application to lead additional evidence submitting that these facts could not be brought on record before the Tribunal despite exercise of due diligence by the appellant -Insurance Company and moreover, the appellant cannot be held to be at fault as it summoned the witness from Raipur and it was for the Tribunal to enforce the presence of such a witness; and in view thereof the impugned Award of the Tribunal cannot be sustained to the extent of holding the appellant liable to pay the amount of compensation. The Insurance Company also summoned the concerned Clerk of the Regional Transport Authority, Raipur along with original record of the driving licence in question, as proved from summons attached as Annexure A -1.