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2019 Supreme(Raj) 191

SABINA
ICICI Lombard General Insurance Company Limited – Appellant
Versus
Jai Prakash – Respondent


Advocates Appeared:
For the Appellant : Vizzy Agarwal and Ram Joshi.

JUDGMENT :

Sabina, J.

1. Vide this order above mentioned two appeals would be disposed of as they have arisen out of award dated 02.03.2016 passed by the Motor Accident Claims Tribunal.

2. Claimant Jaiprakash @ Pappu had filed the claim petition seeking compensation under Section 166 of the Motor Vehicle Act, 1988, seeking compensation on account of injuries suffered by him in the motor vehicle accident which had occurred on 11.12.2011.

3. Vide award dated 02.03.2016, Tribunal has allowed the claim petition filed by the claimant. Hence, claimant has filed the appeal seeking enhancement of compensation amount, whereas, the Insurance Company has filed the appeal seeking dismissal of the claim petition.

4. Learned counsel for the Insurance Company has submitted that the accident had occurred on 11.12.2011, whereas, the complaint under Section 156 (3) Code of Civil Procedure 1908 (hereinafter referred as 'Cr.P.C.') was moved on 19.12.2011 and FIR was registered on 03.01.2012. The delay in filing the complaint has been utilized by the claimant and the owner of the offending vehicle to connive with each other and the present claim petition by making false averments. Infact, no accident has al











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