ORIENTAL INSURANCE CO LTD Vs. KHIRAMANI

JUDGEMENT

(1.) This appeal by the Insurance Company is directed against the award dated 10.06.2009 passed by the learned Motor Accident Claims Tribunal (1), Mandi whereby he awarded compensation of Rs. 5,33,400/- alongwith interest to the claimants.

(2.) The allegations made in the petition were that on 6th March, 2006 JCB No. HP-32-1654 was working for construction of Jawalgalu to Tikkar road. This JCB machine was owned by Surender Sharma and driven by Sunder Lal. According to the claimants the JCB had been hired by the Gram Panchayat for construction of the road. The Gram Panchayat and its Pradhan were impleaded as Respondents No. 4 and 5. The case of the claimants was that while the JCB was operating due to rash and negligent driving of the driver of the JCB the deceased Pushap Ram was hit by the JCB. He sustained multiple injuries and was taken to the hospital in a jeep. Unfortunately, on the way Pushap Ram expired and on this basis compensation was claimed. The stand of Respondents No. 1 and 2 was that no accident took place and the JCB was stationary. The stand of Respondent No. 3 was similar to that of Respondents 1 and 2. Respondent No. 3 Insurance Company also took permission of the Court under Section 170 of the Act to contest the claim on all grounds. After trial, the learned Tribunal awarded compensation. Hence, the present appeal.

(3.) The main grounds raised by the Insurance Company are that no motor vehicle accident took place and that Pushap Ram did not receive any injury in a motor vehicle accident. In this behalf, Shri Ashwani Sharma, learned Counsel for the Insurance Company, has drawn my attention to the statement of the witnesses and submits that the statements of PW-2 Inder Singh and PW-5 Tej Singh cannot be relied upon in view of the contemporaneous evidence i.e. Rapat Rojnamcha recorded by the Patwari Ext.RW-1/A, in which it is mentioned that the deceased suffered injuries when a stone fell on him. He also contends that F.I.R. was recorded on 30th March, 2006, i.e. 24 days after the accident and it is obvious that a false case was lodged. He, therefore, submits that there is nothing on record to show that any motor vehicle accident took place.