SHRIRAM GENERAL INSURANCE COMPANY LTD Vs. VEENAWATI

JUDGEMENT

(1.) The appellant-Insurance Company has assailed the judgment and award dated 15.01.2018 whereby the compensation has been awarded to the claimants which is stated to have occurred allegedly by one Jeep bearing No.RJ19 UA 3512 wherein the deceased Pradeep Kumar who was driving a motorcycle was hit by the said vehicle resulting in his death due to the injuries in the hospital where he was brought by one eye witness Udai Lal.

(2.) Learned counsel for the appellant-Insurance Company submits that in the FIR, which was registered by brother of the deceased, the vehicle number was not mentioned and it was stated that by unknown vehicle, the accident has been caused and thus, there is a doubt about the involvement of the vehicle. It is submitted that the eye witness Udai Lal who has deposed as AW-2 before the learned Tribunal, states that he had brought the injured to the hospital after calling ambulance and left the place after the police personnel and the concerned relatives had arrived in the hospital. Thus, he had an ample opportunity to inform the police as well as the members of the family of the number of the Jeep but he has not informed them about the Jeep having caused accident and it is later on as an afterthought the number of Jeep has been mentioned before the police by the concerned person Udai Lal.

(3.) Per contra, learned counsel appearing for the claimants submits that the Insurance Company has taken a plea before this Court, which was not taken before the learned Tribunal.