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HIRDESH
Oriental Insurance Company Limited – Appellant
Versus
Kala Bai Auoliyawat – Respondent
ORDER
1. This appeal by the Insurance Company under section 173(1) of the Motor Vehicles Act is arising out of the award dated 8.8.2023 passed by IInd MACT, Indore in Claim Case No.1608/2019 seeking exoneration from the liability to pay compensation/reduction in the compensation amount as awarded by the Tribunal.
2. Brief facts of the case are that on 22.4.2019 when deceased Dinesh was going to Lekar Chinar park with his friend Sourabh Jain on a motor cycle bearing registration No. MP-09-VP-0648 and when they reached Eicher bridge Mhow- Neemuch Road, the offending vehicle bearing registration no.MP09-CN-2719 which was driven rashly and negligently came and hit the motorcycle due to which Dinesh sustained grievous injuries and succumbed to death.
3. Before the Tribunal respondents filed their written statement and denied all the averments made in the claim petition. On the basis of the pleadings Tribunal framed issues and after taking evidence of the parties allowed the claim petition and awarded a sum of Rs.41,74,632/- as compensation in favour of the claims and against the appellant/insurance company.
4. Being aggrieved by the impugned award, appellant/Insurance Company has filed this
The genuineness of the claim and the delay in lodging the complaint are crucial factors in determining the validity of a claim under the Motor Vehicles Act.
Claimants must establish vehicle involvement in an accident on the preponderance of probability; mere delay in FIR does not negate claims if credible evidence exists.
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