- (1.) SHRIRAM General Insurance Company Limited is aggrieved by the award dated 1.2.2013 passed by the Motor Accident Claims Tribunal, Bundi, whereby the learned Tribunal has granted a compensation of Rs.48,298/ - along with an interest @ 6% per annum to the claimant -respondent.
(2.) THE brief facts of the case are that on 12.12.2009 around 9:15 PM Smt. Anuradha was travelling as a pillion rider on a motorcycle being driven by her husband. According to her, the motorcycle was being driven on the correct side of the road, and at a normal speed. However, suddenly a Indica car, bearing registration No.RJ20 -T -1153, being driven rashly and negligently, came and hit the motorcycle. Consequently, she suffered a fracture of her left knee, and injuries on her left wrist and on her chest. Her husband also suffered certain injuries. Due to the injuries suffered in a vehicular accident, she filed a claim petition before the learned Tribunal. In order to buttress her case, she examined herself as a witness and submitted fifty documents. The Insurance Company neither examined any witness, nor submitted any document. After going through the oral and documentary evidence, the Tribunal granted a compensation as aforementioned. Hence this appeal before this Court.
(3.) MR . Man Singh Chundawat, the learned counsel for Insurance Company, has vehemently contended that since the vehicle was already insured with another Insurance Company and was subsequently insured with the present Insurance Company, the subsequent insurance was void ab initio. Secondly, there is an inordinate delay of 21 days which clearly points to the fact that the offending vehicle has been falsely implicated in the present case. Therefore, the learned award needs to be interfered with. Heard the learned counsel and perused the impugned award.;