RELIANCE GENERAL INSURANCE CO LTD Vs. MUNSHI SINGH

JUDGEMENT

(1.) FOR the reasons set out in the application, same is allowed and delay of 40 days in filing the appeal is condoned.

(2.) BRIEFLY touching the facts first: An accident took place on 01.05.2010. Bir Singh resident of Gujjarwas got the FIR registered the following day and mentioned that he was returning from work at 10:00 p.m. on his motorcycle and was little ahead of Bal School when he heard the loud noise. He saw an unknown car being driven by unknown driver which stopped for a moment and then fled towards Mahindergarh. Bir Singh reached the spot and found two persons lying on the ground in a injured condition. Subhash was dead, Satbir was lying in an unconscious state. Several persons from the village had collected. Satbir was taken to CHC, Ateli for treatment. The FIR was registered against an unknown vehicle and an unknown driver. It was clearly mentioned that the registration number of the car could not be seen due to darkness and there was a lot of distance between Bir Singh and the place where the accident occurred. The description of the vehicle was not given.

(3.) A claim petition was filed by the legal heirs of Subhash Chand against the driver and owner of the Maruti Van bearing registration No.DL -9CJ -3115 which was insured with Reliance General Insurance Company Ltd.