NATIONAL INSURANCE CO., LTD., Vs. KAMALA

JUDGEMENT

(1.) Aggrieved by the compensation of Rs. 79,000/- with interest at 9% p.a., awarded to the wife, and five daughters, National Insurance Company Ltd., Madras, has preferred this Appeal. The main objection of the Appellant/ Insurance Company before the claims tribunal was that there has been a delay of 9 days in preferring the First Information Report. As per the version of the respondents/claimants, the accident occurred, on 09.06.1997. Whereas Ex. P-1 -FIR has been lodged only, on 17.06.1997. There was no mention about the registration number in Ex. P-1 - FIR in respect of an auto rickshaw said to have been involved in the accident and therefore, according to the insurance company, the claim based on the involvement of the vehicle, bearing Registration No. TN 09-2984, is only for the purpose of unjust enrichment.

(2.) Inviting the attention of this Court to the incongruity in the pleading of the claimants that the accident occurred while the deceased was walking on the road with the entry in Ex. P-4 Accident Register issued by the Chengalpattu Government Hospital, Chengalpattu, wherein, the information furnished to the medical officer-was that the deceased sustained injury due to a fall from a cycle, Mr. Vadivel, learned counsel for the appellant/Insurance Company submitted that the Tribunal has failed to consider the fact that there was no support or corroboration to the pleadings and in such circumstances, upon proper analysis of evidence, the claim petition itself ought to have been dismissed.

(3.) Learned counsel for the appellant/ Insurance Company also submitted that the Tribunal has failed to consider that Ex. P-7 - Motor Inspector report, has been issued after a delay of nearly 5 months from the date of alleged occurrence and upon considering the evidence in proper perspective, the Tribunal ought to have rejected the claim petition, holding that the vehicle bearing Registration No. TN 09-2984, as not involved in the accident. Except the above, no other submission has been advanced.