JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 31.01.2012 passed by the learned Motor Accident Claims Tribunal (Aux.), at Surendranagar, in M.A.C.P. No. 801 of 2000, whereby the learned Tribunal had allowed the Claim Petition, and awarded a sum of Rs.5,15,000/-, along with interest at the rate of 9% per annum, from the date of filing of the Claim Petition till its realization, as compensation.

2. The succinct facts, which led to the filing of the captioned appeal, as narrated in the Claim Petition are summarized as under:-

i. On 07.05.2000, Mr. Bharatbhai Bhogilal Soni (hereinafter referred to as the “deceased”), was travelling as a pillion rider on a motorcycle bearing registration No.GJ-13-E-5028. The said motorcycle was being driven by the original opponent No.1/respondent No.6 in a rash and negligent manner and at an excessive speed, as a result, he lost control over the steering of the motorcycle and resultantly, the said motorcycle plunged into a ditch, thereby causing the vehicular accident. The deceased sustained grievous injuries in the said vehicular accident and he succumbed to the said injuries. In connection with this incident, FIR being I.CR. No.23 of 2000 was lodged before the Panshina Police Station.

ii. It is the case of the original claimants before the learned Tribunal that at the time of the vehicular accident, the deceased was aged about 35 years and he was working as a goldsmith, thereby earning Rs.3,000/- per month. Therefore, the original claimants preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.5,00,000/-.

iii. Having been served with the notices/summons of the Claim Petitions, original opponent No.3/appellant herein – Insurance Company, filed its Written Statement, thereby denying the averments made in the Claim Petition, and prayed for dismissal of the Claim Petition.

iv. Having considered the evidence on record, the learned Tribunal allowed the Claim Petition, and awarded a sum of Rs.5,15,000/-, along with interest at the rate of 9% per annum, from the date of filing of the Claim Petition till its realization, as compensation.

v. Being aggrieved and dissatisfied with the impugned judgment and award, the original opponent No.3/appellant herein – Insurance Company has challenged the impugned judgment and award on the ground that Vespa scooter bearing registration No.GJ-13-E-5028 was not involved in the accident and further on the ground that the risk of the pillion rider was not covered under the insurance policy.

3. Heard learned counsels for the parties.

4. At the outset, Mr. Thakkar, learned advocate appearing on behalf of the original opponent No.3/appellant herein – New India Assurance Company Limited vehemently submitted that Vespa scooter bearing registration No.GJ-1-MM-2775 was involved in the accident and the said vehicle number was mentioned in the FIR, however, subsequently the vehicle number was changed and a new vehicle, i.e., Vespa scooter bearing registration No.GJ-13-E-5028 was planted in the present case. He further submitted that the FIR reflects that Vespa scooter bearing registration No.GJ-1-MM-2775 was involved in the accident. He further submitted that the claimant No.1 also admitted in his cross-examination that the FIR was lodged on the correct facts, thus, the learned Tribunal has error committed in holding the appellant - Insurance Company liable to satisfy the award.

5. Learned advocate appearing on behalf of the original opponent No.3/appellant herein further submitted that as per the version of the claimant, the deceased was travelling as a pillion rider on the scooter, therefore, his risk was not covered under the insurance policy. As such, the Insurance Company ought to have been exonerated from its liability to satisfy the award. Therefore, he contended that the captioned appeal is liable to be dismissed.

6. Per contra, learne