The single-judge High Court dismissed this first appeal challenging the Motor Accident Claims Tribunal's award of compensation. The court rejected the insurer's arguments regarding evidence of diesel purchase, holding that it did not disproof vehicle involvement or the witness testimony.
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Court No. - 26 Case :- FIRST APPEAL FROM ORDER No. - 2548 of 2004 Appellant :- National Insurance Co Ltd Respondent :- Smt. Meera Devi & Others Counsel for Appellant :- Vivek Kumar Birla Counsel for Respondent :- J.S. Pandey Hon'ble Ajit Kumar, J.
This appeal is directed against the award dated 26.5.2004 passed by the Motor Accident Claims Tribunal/ Additional District Judge Court No. 5, Agra, allowing claim petition of the claimantsrespondents bearing MACP No. 730 of 2001 for a compensation of Rs. 3,74,660/- along with simple interest at the rate of 9% per annum from the date of filing of the claim petition till the actual payment is made.
The facts of the case in a narrow compass are that on 6.12.1999 at around 7:30 pm near Pyare Lal Dharmshala, Police Station Chandauli, District Agra, while Bahadur Singh Son of Sri Rajendra Singh was standing for a bus to board that a Jeep, bearing registration No. RJP 2024 coming from the side of Saidabad on Agra-Saidabad Road, which was rashly and negligently being driven by its driver, hit Bahadur Singh. Bahadur Singh suffered fatal injuries and resultantly died on the spot. Consequently, a claim petition was filed by the dependants setting up a claim on the basis of the income claimed as Rs. 7,000/- per month. The age of Bahadur Singh was claimed to be 28 years.
The claim Tribunal framed issues with regard to the involvement of the vehicle and rash and negligent driving of the driver of the vehicle insurance cover and the validity of the license as well as the amount of compensation to which the claimant should be entitled. On all issues concerning the involvement of the validity of the license and the insurance cover. The tribunal has returned findings on all above issues in favour of the claimants and ultimately after making proper assessment of the compensation on the basis of age and income, the Tribunal made an award.
This appeal has been preferred by the Insurance Company chiefly on the ground that it had led sufficient evidence to dispel the allegations of
involvement of the vehicle in question.
Learned counsel for the appellant argued that in so far as the evidence of receipt of purchase of diesel of the vehicle is concerned, it was very much produced before the tribunal and it proved that the vehicle, alleged to be a tort-feasor vehicle, was parked out on a different place for going in a marriage and was there in a standing condition on fateful day and it was not driven on Saidabad-Agra road.
I have carefully examined the findings of the Tribunal on issue No.1 and 4 and find that the Tribunal has considered not only the oral testimony of the eye-witness account Malkhan Singh but has also examined the police investigation report and charge-sheet and has concluded that there is hardly any doubt or any evidence to dispel the investigation reports regarding the involvement of vehicle in question in the accident. The Tribunal has held that nothing has been found in the entire testimony of the eye witness account to doubt his statements.
Learned counsel for the appellant failed to point out any corroborative evidence of the diesel purchase receipt to demonstrate that in fact the diesel was purchased for going on particular route. There can be no such evidence also. The diesel can be purchased in the name of owner of the vehicle from any place and that by itself will not become sufficient evidence to reject the oral testimony of an eye witness account and the police investigation report.
Even on the question of compensation, nothing could be pointed out to hold the findings perverse or bad.
The appeal lacks merit and is accordingly dismissed. The statutory amount, has already been deposited, shall be remitted to the Court below for being Adjusted against the award.
Order Date :- 25.10.2018 C. MANI
1 issue framed by the court
Whether the evidence discounting vehicle involvement and compensation assessment is sufficient to overturn the Tribunal's findings.
National Insurance Co Ltd
Smt. Meera Devi
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
