NATIONAL INSURANCE CO. LTD. Vs. GEETANJLI AND ORS.

JUDGEMENT

(1.) THIS appeal has been filed by the Insurance Company against the award dated 18.7.2012 passed by Motor Accident Claims Tribunal, Kapurthala. It would be necessary to give the details as the Insurance company has raised an issue that it was a case of fraud and the Tribunal could not have passed an award in favour of the claimants. Obviously in the present case the basic question is as to whether the Tribunal was right in returning a finding on issue No. 1 in favour of the claimants.

(2.) SHER Singh was going on a scooter alongwith his son Ashutosh. When they were near hotel Saffron, a motor cycle came from the opposite direction, to the wrong side of the road and struck against the scooter and Sher Singh fell down and suffered multiple injuries. Ashutosh fell on the kacha path. The claimants pleaded that the driver's identity was disclosed as Jaspal Singh son of Jarnail Singh and Jaspal Singh ran from the spot. Sher Singh was admitted in the hospital where he died at 1.45 p.m. the same day.

(3.) THE Insurance Company took a plea that the driver of the motor cycle was a minor and was not holding a licence and when they moved an application for production of documents i.e. the driving licence then instead of supplying the driving licence they filed reply to the application seeking amendment that the motorcycle was not driven by Jaspal Singh and it was driven by Jarnail Singh.