UNITED INDIA INSURANCE COMPANY LTD Vs. SUSHIL KUMAR SINHA
LAWS(RAJ)-2013-11-44
HIGH COURT OF RAJASTHAN
Decided on November 20,2013

UNITED INDIA INSURANCE COMPANY LTD Appellant
VERSUS
Sushil Kumar Sinha Respondents

JUDGEMENT

R.S.CHAUHAN, J. - (1.) THE United India Insurance Company Ltd. is aggrieved by the award dated 12.7.2013 passed by the Motor Accident Claims Tribunal (Addl. District Judge No.15), Jaipur Metropolitan, whereby the learned Tribunal has granted a compensation of Rs.3,00,000/ - to the claimant -respondent Nos.1 to 4.
(2.) THE brief facts of the case are that according to the claimant no.1 on 8.4.2010 around 9:00 P.M his son, Manmeet Kumar Sinha, was riding a motorcycle along with his friend, Kailash Rawat. When the motorcycle reached in front of Prem Motors, another motorcycle, bearing registration no.RJ14 -11M -2302, being driven rashly and negligently, came and collided with the motorcycle being driven by his son. Consequently, Manmeet suffered grievous injuries; he died in the hospital. Having lost their son, the claimants filed a claim petition. In order to support their case Sushil Kumar Sinha, claimant -respondent no.1, examined himself as a witness, and submitted twenty -six documents. The Insurance Company, on the other hand, examined a single witness and submitted a single document. After going through the oral and documentary evidence, the learned Tribunal granted the compensation as aforementioned. Hence this appeal before this Court. The learned counsel for the appellant has raised a single contention before this court : according to him, the first FIR lodged by Sushil Kumar clearly stated that the accident had taken place by an unknown vehicle. However, subsequently the insured vehicle, namely motorcycle bearing registration No.RJ14 -11M -2302, was involved in the case. However, there is no explanation offered by the claimants as to how and when they came to know the actual number of the offending vehicle. Thus, according to the learned counsel it is a case of collusion between the claimants and the owner and driver of the offending vehicle. According to him, the learned Tribunal has overlooked this aspect of the case. Hence, the impugned award deserves to be interfered with.
(3.) HEARD the learned counsel and perused the impugned award.;


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