NATIONAL INSURANCE CO. LTD Vs. BALA DEVI

JUDGEMENT

(1.) THE present appeal is directed against the award dated 6.6.2003 passed by Presiding Officer, Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred to as 'the Tribunal').

(2.) THE pleadings related facts, as relevant for disposal of this appeal, are as under: On 3.2.2001, Ved Parkash (deceased) was proceeding from village Tigri to Kurukshetra on his Scooter bearing registration No. HR-08-2430. PW Suraj Kumar was the pillion rider. The Scooter was being driven at a normal speed and on the correct hand side of the road. At about 9.00 P.M., the duo reached near village Kheri Brahmana. At that point of time, the offending vehicle (a tractor-trolly bearing registration No. HR-08A-7915) came from the opposite direction. It was being driven by respondent No. 6-Malkiat Singh at a rash speed and in a negligent manner. Apart therefrom, it came over to the wrong hand side of the road and hit the Scooter, by which Ved Parkash (deceased) and Suraj Kumar were travelling. On account of the impact, the scooterists fell off the Scooter and sustained multiple injuries on different parts of their body. The driver of the offending vehicle sped away from the spot after causing the impugned accident.

(3.) THE plea raised by the petitioners was contested by the present appellant and also respondents No. 6 and 7 by filing separate written statements. Respondents No. 6 and 7 challenged the locus standi of petitioners to file the petition. The maintainability of the petition in the present form was challenged. The factum itself of impugned accident was denied. It was averred that the FIR was false and had been lodged by the petitioners in order to extort a false claim. A plea raised, in the alternative, was that respondent No. 6 held a valid driving licence to drive the allegedly offending vehicle and further that it was under Insurance cover with the present appellant and, thus, respondents No. 6 and 7 were not liable to make any payment, even if the petition filed by the petitioners were to be allowed.