ICICI Lombard General Insurance Co. Ltd. v. Kamlesh Kumari
2011-10-10
MOHAMMAD RAFIQ
body2011
DigiLaw.ai
Hon'ble RAFIQ, J.—This appeal is directed against the award of the learned Motor Accident Claims Tribunal, Bharatpur dated 12.7.2011 by which compensation of Rs.1,53,900/- together with interest @7.5% from the date of presentation of the claim petition i.e. 25.2.2009 till its realization was awarded in favour of the claimant to be paid jointly and severally by the owner-cum-driver of the vehicle and the appellant-insurance company. 2. Contention of the learned counsel for the appellant is that claimant herself was responsible for the accident and in support of his argument has sought to support from the site plan and also from the statements especially cross examination of the claimant Smt.Kamlesh Kumari that this lady has stated that while she was coming behind, the offending truck halted in the middle of the road and she also stopped her Scooty at 10-15 feet behind the truck. The driver of the truck reversed the truck, as a result of which, accident took place and she sustained injuries. It was argued that such specific plea was not made in the claim petition. Additionally, learned counsel argued that learned Tribunal has erred in law in presuming that vehicle must have been insured only after verifying the permit and license whereas, the vehicle owner did not appear in response to the notice and did not prove those facts. 3. Upon hearing learned counsel for the appellant and perusing the award especially cross-examination of the claimant, I am not persuaded to agree with the argument that accident could not have been taken place in the manner stated by the claimant and that there is so much of disparity in the pleadings so as to ignore her evidence in totality. Learned Tribunal has rightly held the appellant-insurance company and the owner-cum-driver of the truck liable to pay compensation jointly and severally. 4. In the circumstances, I see no reason to interfere with the award of the learned Tribunal. The appeal is dismissed.