BAJAJ ALLIANZ GENARAL INSURANCE COMPANY LTD Vs. KARIBAI

JUDGEMENT

(1.) Instant appeal has been directed against the judgment and award dtd. 23/2/2010 passed by the Motor Accident Claims Tribunal, Baran (Raj.) (for short 'the Tribunal') in MAC case No. 159/2007 whereby the Tribunal has allowed the claim petition filed by the claimants-respondents and awarded a sum of Rs.8,71,328.00 as compensation in favour of the claimants-respondents.

(2.) Feeling aggrieved and dissatisfied by the judgment and award dtd. 23/2/2010 passed by the Tribunal, the appellantInsurance Company has submitted this appeal on the following ground inter alia that the accident occurred on 26/9/2007 with a trailer/trolley which was not insured with the appellant-Insurance Company.

(3.) Learned counsel for the appellant-Insurance Company submitted that in FIR itself i.e. Ex.1, it is the admitted case that the incident has occurred by striking of the motorcycle with the trailer/trolley which was standing five feet away from the divider. Counsel further submitted that the site plan (Ex.3) indicates that the trolley was standing five feet away from the divider and there is no mention about the number of the tractor. Counsel further submitted that when the accident occurred a notice under Sec. 133 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') was given to the registered owner of the vehicle who has also admitted in his reply (Ex.4) that driver Giriraj informed him that the tyre of the tractor was burst and after leaving the trolley on the spot, he went in tractor to get the tyre repaired. Counsel further submitted that since the deceased and the informant are Police personnel, so in connivance with the Police after four days of the incident i.e. on 30/9/2007, the tractor was seized and the tractor was wrongly involved to get compensation. Counsel further submitted that even charge-sheet was not submitted against the driver of the vehicle for the offence under Sec. 279 IPC and no notice under Sec. 134 of the Act of 1988 was given to the driver, so all these situations create doubt about the involvement of the tractor in the incident which occurred on 26/9/2007.