ORDER :

1. This Misc. Appeal under section 173(1) of the Motor Vehicles Act, 1988 (for brevity “the Act”) has been filed by the appellant-Shriram General Insurance Company Limited (hereinafter referred to as the “Insurance Company”) against the impugned award dated 15.3.2022 passed by the Sixth Additional Motor Accidents Claims Tribunal, Bhopal [for short “the Tribunal”] by which, it awarded compensation of Rs. 13,30,600/- to the respondents/claimants on account of death of their son in motor accident.

2. Brief facts of the case are that the respondents No. 1 & 2/claimants, who are parents of the deceased-Mahesh Rathore, filed claim petition under section 166 of the Act contending that on 20.4.2019 at about 7.35 p.m. when deceased-Mahesh Rathore was going alongwith his friend on his motor-cycle at that juncture a car bearing registration No. MP-04/BC-0956 which was driving rashly and negligently dashed the motorcycle of the deceased causing him grievous injuries to the deceased on his vital parts of body. Ultimately, the deceased succumbed to the injuries and died during treatment on 21.4.2019 at Hamidiya Hospital, Bhopal. Accordingly, offence was registered at Police Station, Satlapur, Mandideep, District Raisen. The respondents/claimants filed claim petition claiming compensation jointly and severally against owner, driver and insurers of the offending vehicle.

3. The respondents No. 3 & 4 (non-applicants No. 1 & 2) remained ex-parte before the Tribunal and did not file written statement. The appellant/Insurance Company/ non-applicant No. 3 filed written statement denying all the adverse allegations and contended that offence has been registered after about one month six days against unknown vehicle and thereafter 2 months and 04 days of accident the vehicle has been involved on 30.6.2019. The respondent/non-applicant no. 1 himself reached to the Police Station and got his vehicle seized. This shows that a false case has been registered against the said vehicle just to realize amount of compensation from the Insurance Company. Alternatively, breach of terms and conditions of the insurance policy has been contended.

4. The Tribunal on the basis of pleadings of parties framed issues and on recording of evidence and hearing learned counsel for the parties passed the impugned award directing to pay amount of compensation of Rs. 13,30,600/- to the respondents/claimants alongwith interest at the rate of 6% p.a. from the filing of the claim petition till realisation.

5. Being aggrieved with the impugned award the appellant/Insurance Company has filed this appeal on the ground that Tribunal apparently erred in law as well as on facts in holding the Insurance Company liable to pay compensation. The findings arrived at by the Tribunal are perverse, illegal and bad in law and deserves to be set aside as against the appellant. The accident is dated 20.4.2019 and FIR has been lodged with delay of about 01 month and 06 days on 26.5.2019 against unknown vehicle and till that time there was no revelation of said offending vehicle even in the statements taken in marg enquiry. To prove that car (MP-04/BC-0956) has falsely been involved in the accident, appellant/Insurance Company also adduced evidence of Investigator (Saurabh Dilodare) as Non-applicant Witness No. 1. Hence, prayed that the impugned award as against Insurance Company be set aside.

6. On the other hand, learned counsel for the respondent has supported the impugned award and prayed to dismissed the appeal.

7. Heard the learned counsel for the parties and perused the record of the Tribunal. On perusal of FIR (Exhibit-P/2) it reflects that it was lodged on 26.5.2019 and Marg No. 12/2019 under section 174 Cr.P.C. (Exhibit-P/8) shows that information was given by the Hospital in relation to death of deceased on 21.4.2019. Exhibit-P/11 is ‘Naksha Panchnama’ reflects that death of deceased occurred due to accident. Accordingly, the FIR (Exhibit-P/2) it is specifically mentioned that unknown