Sunil Ambwani, Aditya Nath Mittal, JJ. - (1.) WE have heard Shri Saurabh Srivastava, learned counsel appearing for the insurance company -the appellant. The United India Insurance Co. Ltd. is aggrieved by the award of Motor Accident Claims Tribunal/Additional District Judge, Court No. 3, Mathura, dated 28.8.2012 in Motor Accident Claims No. 543 of 2011, by which the Tribunal has awarded compensation of Rs. 2,03,113 to the injured claimant out of which Rs. 1,98,113 is awarded towards the medical expenses and an amount of Rs. 5,000 for pain and suffering.
(2.) IT is submitted by Shri Saurabh Srivastava that the first information report was lodged after three months and that the owner of the vehicle did not inform the insurance company of the accident The medical bills No. 63, 64 and 65 were not verified as the bill numbers and details were not clearly written on such bills. The accident and the injury caused to the claimant arising from such accident is not denied. The delay in lodging the first information report could at best have created a doubt over the accident. It would not have any bearing on the injuries and the reimbursement of medical expenses.
(3.) WE do not find that the failure of the owner of the offending vehicle to inform the insurance company would affect the rights of the claimant to claim compensation or would give the right of recovery to the insurance company from the owner of the vehicle. The failure to inform within the time stipulated in the contract would not defeat the rights of the claimant and the statutory obligation of the insurance company under Section 173 of the Motor Vehicles Act, 1988.;