NATIONAL INSURANCE CO. LTD Vs. NAVRATANMAL & ORS

JUDGEMENT

(1.) The present appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant-Insurance Company challenging the judgment and award dated 15.09.2017 passed by the Motor Accident Claims Tribunal, Bhilwara in Claim Case No. 1131/2013 titled as "Navratanmal and Ors. Vs. Ramesh Kumar & Ors.", whereby an award in the sum of Rs.9,41,760/- has been passed in favour of the claimants.

(2.) Challenging the award passed by the learned Tribunal below, Mr. Anil Kaushik, learned counsel for the appellant-Insurance Company, at the outset, stated that immediately after the death, the owner of the motorcycle and uncle of the deceased (Shyam Lal) went to the Police Station and reported that his motorcycle slipped on the road for which, his nephew, namely Giriraj got severe injuries; and as a result whereof, he (Giriraj) died. Learned counsel Mr. Anil Kaushik also contended that after 10 days of the death of the injured Giriraj, vehicle number of a white Tavera Jeep was given, which was insured with the appellant- Insurance Company, which, according to the learned counsel for the appellant-Insurance Company, was falsely implicated in this accident.

(3.) When this Court asked learned counsel Mr. Anil Kaushik appearing for the appellant-Insurance Company to read out the contents of the FIR, he read the same and nothing of the sort, as canvassed by him, was found therein. Thereafter, he went on to say that this version was not recorded in the FIR, but the same was recorded in the Roznamcha (MLC), which was recorded by the Police Station at the Hospital when the deceased/injured was brought there, after the accident. When, learned counsel Mr. Anil Kaushik, read the intimation/noting in the Roznamcha then therein also, no material which indicated that that the motorcycle was slipped, for which, the deceased suffered injuries, was found. During the course of the arguments, learned counsel for the appellant-Insurance Company was asked to place on record, the copies of the FIR and Noting (Roznamcha), which have been taken on record.