O R D E R

Heard on IA No.12224/2017 for condonation of delay in filing the appeal.

Signature Not Verified Signed by: ANAND KRISHNA Considering the averments mentioned in the application which is supported by affidavit, IA No.12224/2017 is allowed and delay of

61 days in filing the appeal is hereby condoned. Accordingly, IA No.12224/2017 is disposed of.

Heard on admission.

Admit.

With the consent of learned counsel for the parties, heard final arguments.

This Miscellaneous Appeal under Section 173(1) of the Motor Vehicles Act has been filed by the appellant/Insurance Company being aggrieved with the award dated 03.04.2017 passed by Additional MACT, Hatta, District Damoh (M.P.) in Claim Case No.100009/2016, whereby, the learned claims tribunal has awarded a sum of Rs.70,000/- (Seventy Thousand) with 7% interest to the appellant/claimant by way of compensation for the injuries which he has sustained in a motor vehicle accident.

2. Brief facts of the case are that the on 20.10.2015 respondent No.2 (non-applicant No.1) was driving his motorcycle bearing registration No.MP-34/MG-2023 in rash and negligent manner and hit the respondent No.1/claimant while she was going towards Hatta, due to which she sustained injuries in her waist and other parts of the body.

3. By way of filing written statement, respondent No.2/owner-driver of the offending vehicle denied the averments mentioned in the claim petition and stated that his vehicle was insured with the respondent No2-

insurance company, hence he is not liable to pay any compensation.

Signature Not Verified Signed by: ANAND KRISHNA

4. Insurance company in its written statement denied the averments of the claim petition stated that there is a delay of about 02 months in lodging the FIR which makes the case doubtful. It was also stated that on the date of incident offending vehicle was being driven by respondent No.2 in breach of policy as he was not having valid driving licence on the date of incident, hence, appellant/insurance company has no liability to pay any compensation and prayed for dismissal of the claim petition against the insurance company.

5. Learned tribunal framed the issues and recorded the evidence. After considering the evidence placed on the record and the arguments advanced by the learned counsel for the parties, learned tribunal awarded a sum of Rs.70,000/- (Seventy Thousand). Being aggrieved by the impugned order, appellant/Insurance Company has preferred this Appeal.

6. Learned counsel for the appellant submits that FIR was delayed by 75 days and on the date of incident offending vehicle was being driven by respondent No.2 in breach of policy as he was not having valid driving licence on the date of incident and submits that findings of tribunal regarding issue No. 3 and 4 are erroneous and prays to exonerate the appellant-Insurance Company from liability to pay the award amount. On the strength of aforesaid, it is submitted that the appeal be allowed and impugned order be set aside against appellant-

insurance company.

7. I have considered the arguments advanced by the learned counsel for the parties and perused the record.

8. As per claim petition and the statement of claimant Smt.Arti (AW- 1) the date of incident is 22.10.2015 at 2:30 to 3:00 pm and place of Signature Not Verified Signed by: ANAND KRISHNA accident was Murach-Hinota Road, Village Barkhera Kalar, P.S.Geshabad, Teh. Hata, Distt. Damoh. It is evident from the certifed copy of First Information Report Ex.P-3 that for the first time FIR Ex.P- 3 at crime no.1/2016 under Section 279 and 337 of the IPC was registered against respondent No.2 before police station Gausabad, Teh. Hata, Distt. Damoh on the written complaint Ex.P-4. Delay for lodging FIR was mentioned in the FIR as she was under treatment and due to plaster she was unable to walk, hence, she could not lodge report within time.

9. Claimant (AW-1) has filed certified copy of MLC report Ex.P-5 and prescription issued by Orthopedic Department of Medical College,