IMPORTANT POINT
Compensation under Section 163A of the Motor Vehicles Act is payable upon proof of death in an accident, regardless of the absence of a specific police case.

JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present appeal has been preferred by the Appellant/Insurance Company against the judgment and order dated 18th March, 2013 passed by Ld. Judge, Motor Accident Claims Tribunal, 2nd Court, Jalpaiguri, in M.A.C. Case No. 109 of 2008, under Section 163A of the Motor Vehicles Act, 1988.

2. Facts as stated by the claimants:-

“On 3.1.08 at about 11 a.m. the victim was proceeding in a bi-cycle from Dhantala towards Krantimore and the offending motor cycle bearing no. WB-72C/9032 came and suddenly dashed the victim and the victim received severe injuries and died at the hospital. Hence, this case”

3. Both the opposite parties contested the case by filing separate written statements and denying therein all the material allegations in the claim petition.

4. The O.P./owner submitted that the case was not maintainable in its present form and law and the facts as mentioned in the claim petition regarding accident are partly correct and partly denied and all the allegations of the claimant in this case are false. Hence, this O.P prayed for dismissal of the case.

5. The O.P./Insurance Company submitted that the case was not maintainable in its present form and law and the accident did not take place due to rash and negligent driving of the offending vehicle by the driver concerned and the offending vehicle met an accident on 20.12.07 and it was lying with B.R. Automobiles for repair and it was released after repair, after 12.1.08 and no police case was started for the accident in the present case and all the allegations of the claimant in this case are false. Hence, this O.P prayed for dismissal of the case.

6. The Claimant examined two witnesses and proved relevant documents.

7. The O.P. /Insurance Company examined one witness and proved some documents.

8. The P.M report, which has been marked as (Ext. 8), the dead body challan (Ext. 5) and the death certificate (Ext. 6) show the death of the victim of this case.

9. The copy of the Insurance policy, which has been marked as Ext.3, shows that at the time of the incident, the offending vehicle was insured with the O.P, Insurance Company.

10. The Tribunal granted compensation as follows :-

11. Being aggrieved, the Insurance Company has preferred the present appeal on the ground :-

That as no specific police case was registered in respect of the accident in this case, the claimant is not entitled to any compensation and that the vehicle in this case was not involved in the accident.

12. From the materials and evidence on record, the following is evident :–

i. The Appellant/Insurance Company has taken a plea that the offending vehicle met with an accident on 20.12.07, that is, prior to the accident in this case which occurred on 03.01.2008.