UNITED INDIA INSURANCE CO. LTD. Vs. BHARAT NANDWANA

JUDGEMENT

(1.) The instant misc. appeal has been filed against the Judgment & Award dtd. 10/6/2015 passed by the learned Motor Accident Claims Tribunal, Rajsamand in Motor Accident Claim Case No.53/2012 whereby, the learned Tribunal partly allowed the claim petition filed by the respondent/claimant and an amount of Rs.2,52,000.00 @ 9% per annum was awarded in his favour. The learned Tribunal to satisfy the award, held respondent/owner-driver responsible severely.

(2.) The facts of the case are that the injured claimant-Bharat alleging inter alia that on 9/8/2011 he was going to Kankroli on his motor cycle. At about 11.30 AM, near Aavri Mata Mandir, an Auto bearing Registration No.RJ-30-PA-0752 on the wrong side coming from the front driven in a rash and negligent manner, collided with the applicant's motor cycle and as a result whereof, he received grievous injuries on his various body parts. An FIR came to be lodged at the police station on 10/10/2011, two months after the incident and thereafter, a claim petition came to be filed before the learned MACT, Rajsamand and liability to pay the claim was fastened upon the appellant and the owner of the vehicle.

(3.) A reply was filed by the Insurance Company stating therein that the alleged incident was not caused by the vehicle in question. The FIR was lodged after a delay of about 2 months based on false facts. It was also submitted that the driver of the offending vehicle was not having a valid and effective driving licence at the time of accident and thus, the Insurance Company was not liable to pay the compensation to the injured claimant.