RELIANCE GENERAL INSURANCE COMPANY Vs. RANJIT AND ORS.

JUDGEMENT

(1.) The present appeal has been filed to challenge the Award dated 30.07.2011 by Motor Accident Claims Tribunal, Faridabad (hereinafter referred as 'The Tribunal') whereby the Tribunal awarded a sum of Rs. 2,03,100/- as compensation to the claimant and directions were issued that claimant was entitled to recover Rs. 1,00,000/- from appellant-Insurance Company. Appellant-Insurance Company has challenged the said Award on the same.

(2.) Undisputed facts relevant for the purpose of decision of the appeal are that on 07.05.2006 at about 5-6 p.m., claimant Ranjit was going on motorcycle No.HR-51X-0486 which was being driven by him. All of a sudden, a cow came in front of the motorcycle and in order to save the cow he lost his balance and fell on the road along with the motorcycle. Claimant sustained multiple/grevious injuries on his body and his left leg got fractured. He got treatment from G.M.Modi Hospital, New Delhi. Matter was reported vide DDR No.27 on the same date at Police Station Malviya Nagar, New Delhi. He reamined under treatment for one year and had spent a sum of Rs. 2,00,000/- on his treatement. Claimant also took plea that he became permanently disable and now he is a burden on his family and sought suitable compensation.

(3.) Claim petition was contested by the owner of the vehicle who was arrayed as respondent No.1 on the ground that no such accident had taken place and no such injuries were caused to the claimant in the said road accident. However, respondent No.1, who is owner of motorcycle bearing No. HR-51-X0486 admitted that he was the owner of the vehicle but the same was taken from him by the claimant on the date of accident. At any rate he was not liable to pay the compensation as the vehicle was insured with respondent No.2 on the date of accident.