ORIENTAL INSURANCE CO. LTD. Vs. KULWINDER KAUR

JUDGEMENT

(1.) This is an appeal by the Insurance Company (Reliance General Insurance Company Limited) against the Award dated 2.12.2015 passed by the Motor Accident Claims Tribunal, Hoshiarpur (for short 'the Tribunal') arising out of the death of Amarjit Singh in a vehicular accident. Brief facts of the case are that on 29.11.2014 at about 8.00 P.M., Amarjit Singh (deceased) was going on his motorcycle bearing No.BP -07AQ -9757 from his village Jiyan to village Possi to meet his sister -in -law. When he reached near DS Dhaba, Saila Khurd and while he was overtaking one truck, his motorcycle struck against the car bearing No.PB -07R -1731 coming from opposite side. The car was being driven by Shashi Kant - respondent No.3. As a result of the collision, Amarjit Singh suffered multiple injuries on his head and other parts of the body. He was shifted to Raja Hospital, Nawanshaher, where, the doctors declared him 'brought dead'. DDR NO.15 dated 30.11.2014 was recorded in Police Station Mahilpur, District Hoshiarpur on the statement of Kulwinder Kaur - respondent No.1, wife of the deceased.

(2.) The wife and son of the deceased filed claim petition under Section 163 - A of the Motor Vehicles Act, 1988, claiming compensation to the tune of Rs.10,00,000/ - for the death of Amarjit Singh in the accident. On notice, the owner and driver of the offending car - respondent No.3 appeared and filed written statement taking the plea that no accident was caused by his car and in fact, the deceased himself struck his motorcycle against the truck, as a result of which, he fell down on the road and received injuries. Respondent No.3 was passing from the road at that time and he provided help to the injured on humanitarian ground. The appellant - insurer filed separate written statement pleading collusion between the claimants and respondent No.3.

(3.) The Tribunal framed the following issues for adjudication in the claim petition: -