- (1.) The instant appeal is directed against the award dated 8.5.2015 passed by Motor Accident Claims Tribunal, Sikar, in MACT Claim Petition No.1099/2013, whereby the claim of the claimant-respondents was partly allowed by the Tribunal.
(2.) The brief facts noticed are that on 2.6.2011 at about 4:30 P.M. one Bajrang Singh was going in a tempo to Rajliya from Surera. As soon as the tempo by which Bajrang Singh was travelling, reached near the hills in the area, at that time a motorcycle bearing no.RJ37 SA 8216, which was being driven by Shivpal Singh in high speed and in rash and negligent manner, came from the opposite direction and hit the tempo where Bajrang Singh was sitting, consequent thereto Bajrang Singh received severe and grievous injuries. He was initially taken to Govt. Kalyan Hospital at Sikar, and admitted, and on 5.6.2011 since he was not recovering well, therefore, was referred to the S.M.S. Hospital, Jaipur, where he succumbed on account of the said injuries on 10.6.2011 . FIR was lodged and claim was also filed before the Tribunal. The Tribunal, taking into consideration the material facts and other evidence led during the course of the proceedings, allowed the claim to the extent of Rs.3,28,300/-, which is assailed by the appellant-Company herein.
(3.) Learned counsel for the appellant contended that the accident took place on 2.6.2011, whereas the FIR was lodged on 13.6.2011 in collusion with the owner of the motorcycle, and such a delay was not explained. He further contended that the driver of the motorcycle did not have an effective license and, therefore, there was violation of condition of the policy. It was further contended that the claim even otherwise allowed, is highly excessive, exorbitant, unreasonable and the award of the Tribunal being perverse, requires consideration. In support of his contentions, learned counsel for the appellant relied upon the judgment of Hon'ble Apex Court in the case of Oriental Insurance Co. Ltd. v. Zaharulnisha & Others Appeal (Civil) 3055/2008 decided on 29.4.2008.;