KAMLESH Vs. JASVIR

JUDGEMENT

(1.) Challenge in the present appeal has been directed against award dated 28.02.2011 passed by the Motor Accidents Claims Tribunal, Sonipat (in short 'the Tribunal') whereby application for grant of compensation on account of death of Naresh in a motor vehicular accident that took place on 18.02.2009 has been dismissed in view of findings of the Tribunal on issue No.1.

(2.) As per case of the claimants, on 18.02.2009 Naresh was riding motorcycle bearing No.HR10-K-8048. At about 3 PM, when he was in the vicinity of Sector 23, Sonipat on 100 feet road, he was hit by Mini Bus bearing No.HR69-4328. The accident was the result of rash and negligent driving of Jasvir, driver of aforesaid Mini Bus. Naresh was knocked down by the offending vehicle and sustained grievous injuries on his head, face and other parts of the body and motorcycle was badly damaged. The accident was witnessed by Naresh son of Rattan Singh who was following the deceased on another motorbike. Said Naresh is brother in law of the deceased who shifted the deceased to Sarita Jain Hospital, Mehlana Road, Sonipat where he was given immediate medical treatment. Since condition of deceased was precarious, he was removed to Base Hospital, Delhi and from there he was shifted to Mata Chanan Devi Hospital, New Delhi where he breathed his last on 17.04.2009. Naresh son of Rattan Singh lodged FIR No.141 dated 07.03.2009.

(3.) The insurance company (IFFCO TOKIO General Insurance Company Ltd.) also filed the written statement. It is alleged that there is an inordinate delay of 17 days in lodging the First Information Report with the police. The entire version of the claimants appears to be concocted and a product of afterthought. The insurance company raised preliminary objections in respect of proper and valid driving licence with respondent No.1 and vehicle in question being plied in contravention of terms and conditions of insurance policy.