ORDER

1. This Miscellaneous Appeal under section 173(1) of the Motor Vehicles Act, 1988 is filed by the appellant/Insurance Company being aggrieved with the award dated 29.3.2019 passed by learned Fifth Additional Motor Accident Claims Tribunal, Bhopal in Motor Accident Claim Case No.1001/2017, whereby the learned Tribunal has awarded a sum of Rs.9,17,004/- (nine lakhs seventeen thousand four) with interest @ 6% per annum from the date of filing of petition till date of realization.

2. Brief facts of the case are that on 28.2.2017 at 03:00 p.m. respondent No.1/claimant was returning to her house after attending a marriage function on a motorcycle bearing registration No.MP-05-MQ5359, which was being driven by respondent No.3 in rash and negligent manner, due to which respondent No.1 fell down from the motorcycle. In the incident respondent No.1 sustained grievous injuries on her head, face and ear. After the accident, respondent No.1 was admitted at Narmada Hospital, Bhopal, where she got stitches in her head. It was alleged that due to the injuries sustained by respondent No.1 in the accident, she remained in coma for a long period. Since, respondent No.1 remained in coma, hence, on 9.5.2017 respondent No.1 through her husband filed a claim petition (MACC No.1001/2017) before the learned Claims Tribunal, Bhopal stating that at the time of incident the offending vehicle bearing registration No.MP-05-MQ-5359 was being driven by respondent No.3, owned by respondent No.2 and insured with appellant. A sum of Rs.8-10 lakhs has been incurred in the medical expenses. It is stated that prior to the accident, respondent No.1/claimant was healthy and fit and did sewing and embroidery work from her house and earned Rs.300/- per day from that work. Hence, prayed to award a sum of Rs.37,50,000/- (thirty seven lakhs fifty thousand) as compensation with interest @ 12%.

3. Respondent Nos.2 & 3 have not contested the case before the Claims Tribunal despite the service of notice and they were proceeded exparte by the Tribunal.

4. Appellant/insurance company in its written statement denied the averments mentioned in the claim petition and pleaded that there was breach of insurance policy as respondent No.2 was driving the offending motorcycle without valid and effective license. Neither respondent No.1 has filed any disability certificate, nor she has produced documents relating to her treatment. The accident occurred due to negligence on the part of brother-in-law of respondent No.2. The accident occurred on 28.2.2017 and the FIR was lodged on 15.4.2017 after a delay of 46 days and no explanation for delay is mentioned in the F.I.R. Hence, appellant/insurance company has no liability to pay any compensation and prays for dismissal of the claim petition against the insurance company.

5. Learned Claims Tribunal framed the issues. In support of claim petition, respondent No.1 examined her husband Ishwar Singh as AW-1, 4 Kamlesh Thakur (AW-2) as eye witnesses and Dr. R.K. Bairagi (AW-3) to prove disability certificate (Ex.P/21). Appellant-insurance company has not adduced any evidence in support of its pleadings. After considering the evidence placed on the record and considering the argument advanced by the learned counsel for the parties, learned Claims Tribunal has passed the impugned award and has awarded an amount to the tune of Rs.9,17,004/- (nine lakhs seventeen thousand four) as compensation with interest @ 6% per annum from the date of filing of petition till the realization, and being aggrieved by the impugned award, appellant/Insurance Company has preferred the present miscellaneous appeal.

6. Learned counsel for the appellant submits that the learned Tribunal has totally ignored the fact that there was delay of 1 month 16 days in lodging the FIR as the accident took place on 28/02/2017 and FIR was lodged on 15.4.2017 and such delay has not been explained by the respondent No.1/claimant. He further submitted that if on the date of accident, re