IMPORTANT POINT
The court reinforced the principle that negligence in motor vehicle accidents must be clearly established, and the assessment of compensation should follow established legal guidelines.

JUDGMENT :

Ritu Tagore, J.

This is Insurance Company’s appeal against the award dated 08.10.2018, passed by learned Motor Accident Claims Tribunal, Faridabad, granting compensation of Rs.9,66,064/- to the claimants along with 7.5% interest.

2. For convenience, the parties are referred to as their status before the learned Tribunal.

3. Relevant facts necessary for adjudication of this appeal are as under :-

That on 07.09.2017, deceased Nitesh was returning to his village Sunped, on his motorcycle bearing registration No.HR-29-AJ-1122 and his uncle Haribhan Singh was following the deceased, on his motorcycle bearing registration No.HR-29-AL-5350. At about 7.30 p.m., near tubewell of Ex. Sarpanch Niranjan of village Sagarpur, P.S. Sadar, Ballabhgarh, the offending Tractor bearing registration No.HR-27C-5869, driven by respondent No.1, in a rash and negligent manner, came from opposite side and hit the motorcycle of deceased Nitesh. As a result, the deceased fell on the road and sustained multiple injuries and died at the spot. Haribhan Singh, his uncle took the deceased to B.K. Hospital, Faridabad and got conducted his postmortem.

4. FIR No.428 dated 08.09.2017 under Sections 279 and 304-A IPC, 1860 was registered at Police Station, Sadar Ballabhgarh against the respondent No.1, on the statement of Haribhan Singh.

5. The LRs of deceased filed claim petition under Section 166 of Motor Vehicles Act, 1988, pleading deceased was aged 17 years, well built and an energetic individual. Compensation of Rs.20,00,000/- was sought for untimely death of the deceased.

6. When put to notice, respondents (driver, owner and insurer of offending vehicle) appeared and filed their respective replies. Respondents denied the accident and involvement of the offending vehicle in the accident. Additionally, Insurance Company pleaded that respondent No.1 had no valid and effective DL at the time of the accident and vehicle was being driven in violation of terms and conditions of insurance policy and deceased, too, had no driving licence to drive the vehicle. Therefore, accident took place due to the fault of the deceased, resulting in his death. Allegation of institution of a false case in collusion with the police was raised to oppose the grant of compensation to the claimants. Accordingly, a prayer for dismissal of petition was made.

7. Learned Tribunal from the pleadings of the parties, framed the following issues:-

1. Whether the accident which took place on 07.09.2017 at about 7.30 p.m. near tubewell of Ex. Sarpanch Niranjan of village Sagarpur resulting the death of Nitesh due to rash and negligent driving of Tractor bearing registration No.HR-27C-5869 being driven by the respondent No.1, as alleged? OPP

2. If issue No.1, is proved, whether the petitioners are entitled to compensation, if so to what amount and from whom? OPP

3. Whether the petitioner is not maintainable in the present form? OPR.

4. Whether the respondent was not holding a valid or effective driving licence on the date of alleged accident or that the insured has violated the terms and conditions of the insurance company? OPR

5. Relief

8. The parties presented the evidence as detailed in the impugned award. Learned Tribunal after assessment of evidence, concluded that respondent No.1 caused the accident while driving the offending vehicle in a rash and negligent manner, resulting into the death of deceased and awarded compensation as mentioned above.

9. Being aggrieved and dissatisfied with the award, Insurance Company has preferred the instant appeal.

10. Learned counsel for the Insurance Company submitted that learned Tribunal erred in law while returning findings on issue No.1. Learned counsel stated that learned Tribunal failed to notice that offending vehicle was involved after a delay of 09 days of the accident with no plausible explanation as to how Haribhan Singh (PW-3) came to know of the vehicle, particularly when on the next date of accident on 08.09.2017, he reported to the police that