Claims based on fabricated stories undermine the integrity of judicial proceedings, compelling courts to dismiss unfounded claims.

JUDGMENT :

(Gautam Kumar Choudhary, J.)

Heard the parties.

1. Insurance Company is in appeal against the Judgment and award of compensation in M.A.C.T Case No. 106 of 2013 under Section 166 of the Motor Vehicle Act for the accidental pre-mature death of one Dasharath Tudu.

2. As per the claim case filed on 29.08.2013, her husband Dashrath Tudu died in a motor vehicle accident on 23.06.2009 while returning from the office, by motorcycle bearing Registration No. WB58J/7975 of his close acquaintance Md. Isha which was being driven at the time of accident by one Navin Kumar Gupta. Deceased was a pillion rider, and the accident occurred when a wayward cow dashed the motorcycle. The matter was reported to the police and U.D. Case No. 6 of 2009 was registered.

3. At the time of accident, deceased was working as a Revenue Karamchari earning a monthly salary of Rs. 15,863/- and was aged 49 years and five months. A claim for compensation of Rs. 22,12,600/- was raised under Section 166 of the Motor Vehicle Act by impleading the owner, driver and the insurer of the motorcycle.

4. The owner of the vehicle appeared and filed written statement, wherein the factum of incidence was admitted, and it was pleaded that the said motorcycle was under insurance cover of National Insurance Company Ltd. (present appellant) and the driver was having a valid license at the time of accident. It was also admitted that his motor cycle was taken by driver Naveen Kr. Gupta (O.P. No.3). O.P. No.3 also appeared before the Tribunal, filed a separate W.S. and in para-7 admitted the case of the claimant that accident took place while the motorcycle was being driven by him and the deceased was riding over it as a pillion rider. It was averred that accident took place when the motorcycle was dashed by a cow.

5. The appellant-Insurance Company contested the claim by filing written statement before the Tribunal.

6. The learned Tribunal framed following issues: -

Issue No.1. Whether the claim petition as framed is maintainable?

Issue No.2. Whether the claimants have valid cause of action for filing the claim petition?

Issue No.3. Whether the driver had the valid and effective driving license at the time of the accident?

Issue No.4. Whether the deceased Dasrath Tudu died due to the rash and negligence driving of the vehicle No. WB58J/7975?

Issue No.5. Whether the Vehicle No. WB-58J/7975 was insured at the time of the accident?

Issue No.6. Whether the claimants are entitled to get compensation as claimed, if so, to what extent?

Issue No.7. Whether the owner of insurer of the vehicle is liable to pay compensation?

7. The claim application was allowed and a compensation of Rs.17,49,752/- with simple interest @ 7% on the principal amount from the date of institution of the suit was awarded against the appellant.

8. It is argued by learned counsel Sri Amresh Kumar on behalf of the Insurance Company that this is a classic example of how a false and fake claim can be raised, after four years of death of the deceased by fabricating a false story of accident, which is in contradiction and completely at variance with the original version disclosed in the statement of the claimant no.1 on the basis of which unnatural death case was registered.

9. The information given by the claimant no. 1 to the police on the basis of whi