ORIENTAL INSURANCE CO. LTD. Vs. KAMLA

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 18.11.2019 passed by Motor Accident Claims Tribunal, Parbatsar, Nagaur ('the Tribunal'), whereby, the Tribunal has awarded compensation to the tune of Rs. 5,49,540/- alongwith interest @ 7% per annum from the date of application i.e. 23.11.2017.The application for compensation was filed by the legal representatives of one Dwarka Prasad inter alia with the submissions that on 15.6.2017 at about 8:00 pm, when Dwarka Prasad was going on his motorcycle RJ-21-ST-0674 from Gachhipura to Bhaiyakala, when the offending motorcycle RJ-27-ST-7510 being driven by Shekh Mohammed rashly and negligently, collided with his motorcycle, resulting in, grievous injuries to Dwarka Prasad, to which he succumbed. Based on the further averments pertaining to the age and income of the deceased, compensation to the tune of Rs.87,23,000/- was claimed.

(2.) A response to the application was filed by the driver and owner of the motorcycle and Insurance Company. While owner and driver denied the fact of accident and claimed that the accident occurred on account of the motorcycle of Dwarka Prasad skidding, the Insurance Company raised issues pertaining to lack of valid and effective driving licence. Further contentions were raised that the FIR was lodged against the vehicle having registration No. RJ-21-ST-7510 and the insured vehicle having registration No. RJ-27-ST-7510 has been wrongly implicated.

(3.) Based on the averments of the parties, the Tribunal framed five issues. On behalf of the claimant, three witnesses including Chainsukh - brother of the deceased, who was pillion rider on the motorcycle at the time of accident, was examined and 24 documents were exhibited. On behalf of the non-claimants, no evidence was led.