Allahabad High Court
Shriram General Insurance ... vs Shivkumar And 3 Others on 2 May, 2023
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 19
Case :- FIRST APPEAL FROM ORDER No. - 138 of 2023
Appellant :- Shriram General Insurance Company Ltd. Thru. Manager Legal Shriram General Insurance Company Ltd.
Respondent :- Shivkumar And 3 Others
Counsel for Appellant :- Dinesh Kumar
Hon'ble Jaspreet Singh,J.
Heard Shri Dinesh Kumar, learned counsel for the appellant and perused the impugned award.
The instant appeal has been preferred under Section 173 of the Motor Vehicle Act, 1988 assailing the judgment and award dated 03.02.2023 passed by the Motor Accident Claims Tribunal, Lakhimpur Kheri in Claim Petition No.433/2017, whereby a sum of Rs.4,66,000/- along with 7.5% interest per annum has been awarded in favour of the claimants-respondents.
The submission of the learned counsel for the appellant is that the accident in question is said to have occurred on 09.07.2023. However, no FIR was lodged in respect of the said accident. Even the owner of the vehicle did not intimate the Insurance Company about the occurrence of the said accident or the involvement of the vehicle in question. It is only after a delay of 118 days that an entry is mentioned in the general diary maintained by the police station concerned.
On the basis of the aforesaid, the submission of the learned counsel for the appellant is that there was no adequate material to establish the involvement of the motorcycle involved in the said accident. It is thus submitted that the award which has been passed is in ignorance of the said facts that the vehicle which is insured with the appellant Insurance Company was not involved in the accident which vitiates the finding insofar as the Issue No.1 is concerned.
The Court has heard the aforesaid submission and also perused the material on record.
At the outset, it may be noted that the accident, the manner in which it has been explained and depicted by the claimants is that the deceased had gone to answer the nature's call and while returning, the motorcycle bearing UP-31-Y-6076 was being driven rashly and negligently and incidentally a dog came in between and the motorcyclist lost his balance and fell on the deceased, who suffered grievous head injuries and ultimately lost her life. It is in respect of the aforesaid accident that a claim petition under Section 163-A of the Motor Accident Act, 1988 was filed before the Tribunal bearing Claim Petition No.433/2013.
Significantly, the owner of the vehicle involved filed his written statement wherein he stated that the accident did occur, but it was stated that it was on account of the negligence of the motorcyclist rather it was on account of fault of the deceased herself.
It is in the aforesaid backdrop if the contention of the learned counsel for the appellant is tested, it would be found that the owner of the vehicle admitted the factum of the accident and the only fact that he denied that the motorcyclist was not negligent rather the deceased herself was negligent. It is in the aforesaid backdrop if the record is seen, it would be found that two eye-witnesses were examined. They were duly cross-examined and there was nothing adverse elicited from their testimonies which could cast a doubt over the factum of the accident as well as involvement of the vehicle in question.
Once the involvement of the vehicle and the accident was admitted by the owner and there was no plea by the appellant that the owner was in collusion with the claimants and there was no other evidence which was led by the Insurance Company in this regard, thus, merely on the basis of the entry in general diary was made after much delay or FIR was not lodged or any intimation of the accident was given by the owner of the Insurance Company it will not going to permit the Insurance Company to assail the aforesaid findings especially when they contested the matter and could not lead any evidence or bring out any contrary material which could effect the finding.
In view of the aforesaid, this Court is satisfied that the impugned judgment and award dated 03.02.2023 passed by the Motor Accident Claims Tribunal, Lakhimpur Kheri does not suffer from any error. Accordingly, the appeal is dismissed at the admission stage.
The statutory amount of Rs.25,000/- deposited before this Court by the appellant Insurance Company shall be remitted to the Tribunal, Lakhimpur Kheri to be released in favour of the claimants-respondents. The remaining amount shall also be paid to the claimants-respondents by the appellant Insurance Company in terms of the award within a period of sixty days from today.
Order Date :- 2.5.2023
Rakesh/-
