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2011 DIGILAW 2713 (RAJ)

Bajaj Allianz General Insurance Co. Ltd. v. Babulal Sharma

2011-12-09

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—This appeal has been filed by the appellant-insurance company aggrieved by the interim-order dated 17/9/2011 passed under Section 140 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal, Dausa directing appellant insurance company to pay to the claimant Rs.50,000/- under 'no fault liability'. 2. Learned counsel for the appellant-insurance company argued that in the present case, the FIR relating to the the accident took place on 31/12/2007 was filed belatedly on 19/5/2008 but it does not indicate involvement of the vehicle insured with the appellant insurance company, on the contrary, evidence proved that deceased might have died due to the fact that his motorcycle got slipped in a valley. FIR has been belatedly lodged on 19/5/2008, whereas deceased died much after that date on 12/8/2008. Statements of the witnesses recorded u/S.161 Cr.P.C. are not reliable. It is a case of a false involvement of the vehicle. On query by the court, learned counsel merely stated that in the FIR challan has been filed by the police but that by itself may not be a reason to accept that Motorcycle No.RJ-01-SD-7326 was not involved. 3. Although the argument, which the learned counsel has advanced may be available to the appellant insurance company to prove in the evidence led in support of their case before the Tribunal, for the purpose of passing interim-order of payment of deposit under no fault liability, but the Tribunal was not required to undertake a detailed enquiry. Once, the police finding prima-facie case has filed the challan, the Tribunal could not have entered into a thorough enquiry and shift evidence to give finding one or the other way. 4. In the facts of the case, therefore, award of the Tribunal cannot be faulted however, it is made clear that passing of that order or dismissal of this appeal would not in any manner adversely affect the right of the appellant insurance company what they want to prove regarding involvement of vehicle No.RJ-01-SD-7326 or not on the ground that the FIR has been lodged with the police station with inordinate delay. 5. The appeal is accordingly dismissed.