RAM GENERAL INSURANCE COMPANY LIMITED Vs. JEETO DEVI

JUDGEMENT

(1.) The present appeal is filed by the Insurance Company against the award dated 15.1.2014 passed by the learned Motor Accident Claims Tribunal, Rupnagar, vide which, an amount of Rs.9,11,000/- was awarded as compensation to be paid to the legal heirs of the deceased, i.e. mother, father (now deceased), wife and minor son.

(2.) While praying for the setting aside the said award, learned counsel for the appellant-Insurance company submitted that as per the claim petition Budh Ram alias Shammi was returning to his native village Nalhoti on his scooter on 7.4.2011 after closing his shop, when, respondent No.2 in the claim petition came in a trolla bearing registration No.PB-10-CA-8398 at high speed in rash and negligent manner and struck against the scooter. Budh Ram alias Shammi received injuries and died on the same day. FIR No.33, dated 25.4.2011 was registered under Sections 279 and 304 A IPC at Police Station Nurpur Bedi against respondent No.2 in the claim petition i.e., namely, Lal Kumar (Paramdish Verma), who was the driver of the said vehicle. It was the stand of the appellant-insurance company that the trolla No.PB-10-CA-8398 had been falsely involved. However, the arguments and the evidence was ignored by the Tribunal by granting compensation and passing the impugned award. It is contended that Jaswinder Singh PW-2 was cited as eye witness. He was also the complainant and the FIR was registered at his behest. PW-2 Jaswinder Singh is in fact the real brother of the deceased. As per his statement, a broken number plate of the trolla was found on the spot on the very next date and on enquiry, he came to know that the said number plate belongs to the trolla owned by respondent no.1 in the claim petition. Surprisingly, the said fact was not brought to the notice of the police and even the FIR was registered after almost 17 days.

(3.) Learned counsel for respondents No.4 and 5 while defending the award submitted that the family was busy and occupied in view of the death of Budh Ram alias Shammi, therefore, registration of FIR was delayed.