SHRIRAM GENERAL INSURANCE CO. LTD. Vs. AKEELA BANO

JUDGEMENT

(1.) The present appeal has been preferred against the award dtd. 22/6/2022 whereby the claim petition preferred by the claimants has been allowed and an award for an amount of Rs.858212.00 has been passed in their favour.

(2.) The case of the appellant-Insurance Company is that it was a specific case wherein the vehicle has falsely been implicated/implanted in the accident and in pursuance to the same, the award has wrongly been passed in favour of the claimants.

(3.) It has been argued by learned counsel Shri Vishal Singhal on behalf of appellant that at the first instance, the FIR qua the accident was registered against an unknown vehicle. Subsequently, a challan has been filed against the driver of the motorcycle No.RJ06-SN-3333 without any evidence pertaining to the fact that the said vehicle was involved in the said accident. Learned counsel submitted that it is an admitted case on record that no investigation by the police authorities regarding the accident in question was made. Further, the vehicle in question was not seized by the police but was surrendered by the insured himself in the police station and it is an admitted case that the vehicle was seized by the Investigating Officer in the police station itself and that too after 21 days of the accident. Learned counsel further submitted that the mechanical report of the vehicle also specifies that there was no damage to the motorcycle in question and therefore also, it is proved on record that the said vehicle was not involved in the accident.