- (1.) HEARD Sri V.D. Misra, learned counsel for the appellant and Sri Rajendra Jaiswal, learned counsel for the respondent and perused the record.
(2.) FACTS , in brief , of the present case are that one Sri Brijesh Kumar who was going to leave his friend Bache lal to his village on his motorcycle having registration No. U.P. 35 -K/ 4697 on 16.11.2010 at about 5.45 p.m. When he reached near village Surseni Cluvert, a Vikram Loader having registration No. U.P. 35 -H/2488 coming from opposite direction driven rashly and negligently dashed the vehicle of Brijesh kumar as a result of which he suffered grievous injuries, died on the spot and pillion rider Bache Lal also sustained grievous injuries.
(3.) IN view of the said facts, a claim petition under Section 166 of the Motor Vehicle Act has been filed impleading the Vimlesh Kumar owner of the Vikram Loader No. U.P.35 -H/ 2488 as well as Oriental Insurance Company Limited as defendant no. 2 , who filed written statement inter alia stating therein that the accident has not been caused by Vikram Loader no. U.P.35 -H/ 2488 as its number has not been mentioned in the F.I.R. and theory of the claimants is false, manipulated , suspicious and collusive act with the insured and FIR is also designed for the purpose of claim. In the absence of insurance papers etc. it cannot be said as to whether the offending vehicle was insured with it or not at the time of accident. Hence the Insurance companion is not liable to pay any compensation. The Tribunal by means of judgment and award dated 3.3.2012 allowed the claim petition , the relevant portion of the award is quoted as under: - " The petition is allowed. The petitioner is entitled to recover a sum of Rs. 3,69,500/ - ( Rs. Three lacs sixty nine thousand five hundred ) as compensation with interest @ 6% per annum from the date of filing of petition which opposite party no.2 the Oriental Insurance Company Limited is liable to pay to the claimants, if the amount of award is paid within 30 days of the date of judgment . If the amount of award is paid after 30 days of the judgment, the petitioners shall be entitled to interest @ 9% per annum on the whole amount.";