Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 1736 of 2020 Appellant :- The New India Assurance Company Limited Respondent :- Lokesh And 4 Others Counsel for Appellant :- Brijesh Chandra Naik
Hon'ble Vivek Agarwal,J.
1. Heard Sri Brijesh Chandra Naik, learned counsel for the appellant.
2. This appeal has been filed by the Insurance Company being aggrieved of the award dated 16.09.2020 passed by learned Motor Accident Claims Tribunal, Moradabad in Motor Accident Claim Case No.122 of 2017 to only one ground, which has been raised to assail the impugned award, that after 54 days of the accident, owner of the Car No.U.P. 22 H 5906 surrendered his aforesaid vehicle in the police station and, then charge-sheet was filed, which clearly shows collusion between the claimants and the owner of the offending vehicle.
3. Appellant's sole contention is that, offending vehicle which is insured with the appellant has been falsely implicated in collusion and, therefore, award passed by the learned Claims Tribunal deserves to be set aside.
4. After hearing learned counsel for the appellant and going through the papers available in file, it is apparent that, no evidence was led by the Insurance Company to demonstrate that the vehicle in question was not involved in accident. Neither there is any mention of any investigation report, nor any witnesses have been examined to deny the factum of accident with the vehicle insured with the appellant.
5. In view of such facts, when Insurance Company has not discharged its burden, and there is admission on the part of the owner-driver of the offending vehicle, then no indulgence is required in the impugned award.
6. Appeal fails and is dismissed.
7. Sum of Rs.25,000/- deposited by the appellant-Insurance Company be remitted to the learned Claims Tribunal within 15 days from today to be adjusted against the amount payable by the Insurance Company towards satisfaction of the award passed by the learned Claims Tribunal.
Order Date :- 6.1.2021 Ashutosh