JUDGMENT :

SUDEEPTI SHARMA, J.

1. The present appeal has been filed by the appellant-Insurance company against the award dated 24.01.2025 passed in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal, Nuh (for short, 'the Tribunal'), wherein the appellant- Insurance company was fastened with the liability to pay the compensation of Rs.17,85,632/- to the claimants along with interest @ 7% per annum from the date of filing of claim petition till recovery.

BRIEF FACTS OF THE CASE

2. Brief facts of the case are that on 22.02.2022 at about 9.00 AM, complainant Shahid S/o Sher Mohd. was going towards his field via Nuh- Hodal road baram on foot. In the meantime, offending vehicle which was being driven by respondent No.1 was going to Ujina side from Bibipur side. The deceased was sitting as pillion rider on the offending vehicle and was telling to respondent No.1 to drive the same in slow and careful manner but the respondent No.1 turned offending vehicle in rash and negligent manner under the bridge of Mumbai Highway. Due to this impact, the deceased fell down from offending vehicle and received fatal and grievous injuries on his body. The complainant noted down the registration number of the offending vehicle. Many persons gathered at the spot and asked the name of driver of offending vehicle, who told his name as Juber son of Ikbal R/o Adbar. The complainant stopped three-wheeler and took respondent no.1 to hospital but deceased Iliyas died in SHKM Govt. Medical College, Nalhar. The postmortem of the deceased was conducted. The matter was reported to the police and FIR No.104 dated 25.02.2022 was registered in Police Station Sadar Nuh under Section 279/304A of Indian Penal Code, 1860 against the respondent No.1.

3. Upon notice of the claim petition, respondents therein appeared and contested the claim petition by filing separate written statement denying the factum of accident/compensation.

4. From the pleadings of the parties, the Tribunal framed the following issues:-

“(1) Whether the accident in question resulting into death of Ilyas S/o Nasru, took place due to rash and negligent driving of vehicle bearing registration No. HR-27L-3638 by its driver-respondent No.1? OPP.

(2) If issue No.1, is proved, whether the petitioners are entitled to get compensation on account of death in said accident and if so, how much and from whom? OPP

(3) Whether the offending vehicle has contravened, violated, infringed or breached the terms and conditions of insurance policy? OPR3

(4) Whether the offending vehicle was not involved in alleged occurrence ?OPR-3

(5) Relief ”

5. Thereafter, both the parties led their evidence in support of their respective pleadings.

6. After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded compensation to the claimants. However, the liability to pay compensation was fastened upon the appellant-Insurance Company. Hence, the present appeal.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PARTIES:

7. Learned counsel for the appellant–Insurance Company submits that the learned Tribunal has committed a manifest error in holding that the accident occurred on account of the rash and negligent driving of the offending vehicle. He further contends that the finding on issue of negligence is unsustainable, as the material on record does not satisfactorily establish the involvement of the offending vehicle in the manner alleged.

8. He further contends that there is an unexplained delay of three days in lodging the First Information Report, which casts serious doubt on the veracity of the claimant version and the credibility of the claim. Learned counsel also contends that the claim petition is the result of collusion between the claimants/respondents No.1 to 3 and the driver and owner of the offending vehicle, engineered with the sole intent of extracting compensation from the appellant–Insurance Company.

9. On these grounds, learned counsel submit