The insurance company must provide evidence to support its claims, and failure to do so may result in the dismissal of the appeal.

JUDGMENT :

1. The present appeal from order, which has been preferred by the Insurance Company, they are putting a challenge to the impugned award dated 23.112017, as it has been rendered by the learned Motor Accident Claims Tribunal/District Judge, Nainital in MACP No.116 of 2011, “Mohan Joshi Vs. Smt. Rajni Kapoor and others”, as a consequence of the culmination of the impugned award, an award of Rs.2,01,391/- has been awarded to the claimants, as a consequence of the injuries, which was suffered by him in an accident, which has chanced, on 12th April, 2010.

2. The brief facts of the case are that, it was the case of the claimants in their claim petition, that on the ill fated day i.e. 12th April, 2010, when he was moving around with his friend Mr. Ramesh Pandey, at Mangalparao, Haldwani, Nainital, and was about to reach near Mandi, he was walking by the left side of the road, when all of a sudden a vehicle i.e. Bus bearing Registration No.UP01 3608, which was alleged to have been driven negligently and rashly; by the Driver of the vehicle, had dashed against him, resulting into the grievous injuries, which was suffered by the claimant resulting into causing fracture in his rib cage bone. He submits, that on suffering of the injuries, and looking to its seriousness he was immediately taken to Soban Singh Jeena Base Hospital, and looking to his serious condition, he was referred for treatment to Sushila Tiwari Medical College, and thereafter to Sai Hospital and thereafter even to Batra Hospital, Delhi. He submits that he remained hospitalized for sufficient long time, and got his treatment and as a consequence of which the expenditure which was incurred by him in the treatment, at the different hospitals, referred thereto, he would be entitled for the grant of claim by way of compensation to the tune of Rs.13,25,000/-, as it was claimed by him in the claim petition.

3. The opposite party no.1 i.e. the owner of the vehicle, had contested the proceedings by way of filing a written statement, and has submitted that on the date of the accident i.e. 12th April, 2010, the vehicle was being plied with all legally valid documents, and hence, the liability, if any, if it was to be fastened, it was to be fastened on the Insurance Company, because the vehicle was duly insured with the appellant/Insurance Company, and at the relevant point of time, when the accident has chanced, the insurance cover was still prevailing for the offending vehicle.

4. While on the other hand, the driver of the vehicle had filed an independent written statement, and he has submitted, that it was rather the claimant, who has negligent while walking around the road side and there was no negligence driving by him. He submits that on the date of the accident, the vehicle was duly insured with the Insurance Company, and he was driving the vehicle with the valid driving licence, and no liability could be fastened upon the owner or the driver of the vehicle, as such.

5. The Insurance Company did contested the proceedings by way of filing the written statement, and apart from the fact that, the factum of the accident stood admitted by them, the Insurance Company didn’t led any evidence, to the contrary that on the date of the accident, the vehicle was not being validly insured with them. The learned Motor Accident Claims Tribunal, had framed the issues, which are extracted hereunder:-

“1. Whether an accident took place on 12.4.2010 at about 9:30p.m. Nearby Abdulla Building, Bareilly Road Haldwani due to rash and negligent driving of the driver of Bus bearing registration No.U.P.01-3608 which hit the pedestrian/claimant Mohan Joshi causing grievous injuries to him; if so, its effects?

2. Whether the said accident was not occurred by the aforesaid Bus as alleged in Para-12 of the written statement of respondent no.2?

3. Whether on the date of accident, the owner of the aforesaid Bus was having valid and effective R.C., insurance policy cover note, fitness, permit, tax