IMPORTANT POINT
Insurance policies in motor accident claims must be proven valid unless convincingly challenged by the insurer; mere assertions aren't sufficient to annul liability.

JUDGMENT :

The present Miscellaneous Appeal has been preferred against the impugned judgment/award dated 04.08.2016 and the Review order dated 29.06.2017, passed by learned Motor Accident Claim Tribunal-cum-Additional District and Sessions Judge-IV, Gaya in Motor Accident Claim Case No.30 of 2001 (130 of 2011).

2. The factual background of this case is that seven Claimants, who are Respondent Nos. 1 to 7 herein, filed M.A.C.T Case No. 30 of 2001 against the Insurance Company, who is the Appellant herein and one Brij Raj Singh, owner of the truck bearing registration no. UP-50F-0696, claiming that they are entitled to get more than Rs.10,00,000/- as compensation on account of death of Kedar Singh in the Motor Accident, involving the truck bearing registration no. UP-50F- 0696, which had taken place at Kusha mor of Dobhi police station in front of Siddharth Engineering Workshop in the district of Gaya on 11.12.2000 on account of rash and negligent driving by the driver of the truck. The deceased, Kedar Singh received serious injuries on account of the said accident and was sent to A.N.M.C.H, Gaya and a private nursing home for his treatment. He was also sent to Patna for further treatment. But in course of the treatment, he died. However, the last rites of the dead body of the deceased was performed without any conduct of postmortem. It is further stated by the Claimants in the claim petition that the deceased had monthly income of Rs. 6,000/- from Swaraj Tractor Agency/Distributorship, Gaya. The Claimant No.1 was the wife of the deceased, Claimant Nos.2 to 5 were the minor children of the deceased, whereas the Claimant Nos.6 & 7 were parents of the deceased and the age of the deceased at the time of the death was 35 years.

3. On notice, the Insurance Company appeared and filed its written statement contesting the claim petition of the Claimants. It filed its written statement on 14.09.2001 and again additional written statement on 09.01.2008.

4. Vide order dated 3.9.2008, learned Tribunal had also allowed the application of the Insurance Company under Section 170 of the Motor Vehicles Act giving permission to it to contest the claim petition.

5. However, the owner of the vehicle did not appear and hence, he was proceeded ex parte.

6. On the basis of the pleadings of the parties, the following issues were framed : (i) Whether the claim petition was maintainable, (ii) Whether the claimants had cause of action to file the claim petition, (iii) Whether there was accident occurred at 10:30 AM on 11.12.2000 on the G.T. Road near the Dobhi Kusha mor involving the truck bearing registration no. UP-50F-0696 on account of rash and negligent driving, dashing the deceased, Kedar Sing & whether the deceased died in course of treatment on 17.12.2000 in Rajeshwar Hospital, Patna, (iv) Whether the monthly income of the deceased, Kedar Singh was Rs.6,000/- and he was 35 years of age at the of time his death, (vi) Whether the driver of the vehicle bearing registration no. UP-50F-0696 was holding a valid driving license, (vi) Whether the offending vehicle was insured by the O.P. No.1, Insurance Company, (vii) Whether the Claimants were entitled to get compensation and if yes, then what amount and from whom and (viii) Whether the Claimants are entitled to get any other relief.

7. During the trial, on behalf of the Claimants, altogether three witnesses were examined, namely, A.W.1- Md. Yunus, A.W.2- Ramji Prasad and A.W.3- Kiran Devi, wife of the deceased.

8. The claimants have brought on record the following documentary evidence:

(i) Ext. 1-