The judgment emphasized the objective of the Motor Vehicles Act to provide financial aid to victims and their dependents.

JUDGEMENT/ORDER :

1. This appeal is directed against the award dated 17.12.2015 passed by the Motor Accidents Claims Tribunal, Jammu in File No. 644/2013 in case, titled as, Chanchla Kumari & anr. vs Reliance General Insurance Company Limited & ors., whereby an amount of Rs.17,00,000/- along with interest @7.5% from the date of filing of claim petition till realization came to be awarded in favour of claimants-respondents 1 & 2 herein, and against the Insurance Company.

2. The facts, as gathered from the impugned award, are that on 14.12.2012, when deceased Sumit Bhatti was walking on foot near Bus Stand, Samba, the offending truck bearing No. HR38-M-2642, which was being driven by respondent No. 4 rashly and negligently hit the deceased, as a result of which he suffered critical injuries and died on the spot.

3. Claimants-respondents 1 & 2 herein filed a claim petition before the learned MACT, Jammu for claiming compensation on account of death of the deceased. Reliance General Insurance Company Ltd. contested the claim petition and following issues came to be framed:

(1) Whether an accident took place on 14.12.2012 at about 9:30 PM at NHW Bus Stand Samba by rash and negligent driving of the vehicle bearing registration No. HR38 M-2642 (Truck) by its driver as a result of which deceased Sumit Bhatti received fatal injuries? OPP

(2) If issue no. 1 is proved in affirmative, whether petitioners are entitled to compensation; if so, to what amount and from whom? OPP

(3) Whether the offending vehicle was being driven at the time of the accident in violation of terms and conditions of policy of insurance and insurance policy is not liable? OPR-1

(4) Relief? OP Parties.

4. Claimant-Chanchla Kumari besides examining herself also examined eye witness PW Ravi Kumar, whereas the appellant-Insurance Company had failed to examine any witness. The Tribunal after examining the entire record and on the basis of the evidence led awarded Rs.17,00,000/- alongwith interest @ 7.5% per annum from the date of filing of the petition till its realization in favour of claimants-respondents 1 & 2 herein and against the appellant herein. Feeling aggrieved, appellant-insurer has filed the present appeal for setting aside the award impugned.

5. I have heard learned counsel appearing for the parties, considered their rival contentions and also perused the memo of appeal as well as the record of learned Tribunal, produced in the shape of photocopies thereof.

6. Admittedly, the appellant has not disputed the offending vehicle being insured with it nor has disputed the age of deceased. Claimants-respondents 1 & 2 in the appeal have also not questioned the award on any count.

7. The first ground taken by the appellant-insurer is that it had issued a notice under Order XII Rule 8 of the Code of Civil Procedure, 1908 to the owner of offending vehicle to produce the registration certificate, permit, driving license and fitness certificate, however, the owner failed to do so.

8. A perusal of the file as well as the photocopy of the record of learned Tribunal reveals that no such notice was ever served by the insurance company to the owner of offending vehicle in terms of Order XII Rule 8 of CPC for production of registration certificate, permit, driving license and fitness certificate of the offending vehicle nor copy of any such notice is on the record. However, in terms of Section 134(c) of the Motor Vehicles Act, the insurance company had issued a registered notice dated 23.03.2015 to the owner of offending vehicle for providing self attested copies of policy, RC, fitness certificate, permit of the offending vehicle.

9. Therefore, before proceeding further, it would be apt to reproduce Section 134(c) of the Motor Vehicles Act, 1988 herein:

134. Duty of driver in case of accident and injury to a person. -When any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other pe