Bajaj Allianz General Insurance Co. Ltd vs Sanjeev Kumar Prabhakar and Ors <BR> Sanjeev Kumar Prabhakar and Ors Vs Bajaj Allianz General Insurance Co. Ltd

G.P. Mittal, J.—The Appellant Bajaj Allianz General Insurance Company Limited impugns a judgment dated 14.01.2011 passed by the

Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs. 87,15,099/- was awarded in favour of Respondents No. 1

and 2 for the death of Smt. Anjana Prabhakar who died in a motor vehicle accident which occurred on 17.04.2009. The main plank of argument

raised by Mr. Joy Basu, learned counsel for the Appellant Insurance Company is that the vehicle No. DL-1PB-4062 which was insured with it

was not involved in the accident. He states that rather vehicle No. DL-1P-7665 was involved in the accident. In support of his contention, the

learned counsel for the Appellant drew my attention to the FIR No. 200/2009 recorded in Police Station Sector 24, Noida, Gautam Budh Nagar.

It is evident from the FIR that it was recorded on the basis of statement of Sanjeev Prabhakar, the deceased''s husband who was the eye witness

of the accident. He gave the number of the bus involved in the accident as DL-1P-7665.

The Claims Tribunal dealt with the issue of involvement of the vehicle and held that PW-1 Sanjeev Prabhakar had instructed his relations to

lodge the FIR as he was concerned about the life of his wife, who ultimately succumbed to the injuries.

During inquiry before the Claims Tribunal, a copy of the charge sheet for offence u/s 279/ 337/ 304A IPC filed against Pankaj Kumar was

placed on record. The charge sheet however, does not reveal as to how the number of vehicle got changed from DL-1P-7665 to DL-1PB-4062.

In this view of matter, it was incumbent upon the Claims Tribunal to have recorded the statement of the IO and possibly summon the insurance

record of vehicle No. DL-1P-7665 from the concerned quarter to satisfy itself about the involvement of the vehicle No. DL-1PB-4062.

From the record, it is evident that the FIR was recorded on the statement of Sanjeev Prabhakar, the deceased''s husband and the number of the

offending vehicle was given as DL-1P-7665. The FIR was not recorded at the instance of the relations of Mr. Sanjeev Prabhakar.

In view of this, the impugned disorder cannot sustain as the identity of the vehicle is not fully established. The same is accordingly set aside and

the case is remanded back to the Claims Tribunal with the following directions to:-

(i) Summon the IO of the case and examine him on the aspect, particularly, as to how the police reached to the conclusion that instead of vehicle

No. DL-1P-7665, vehicle No. DL-1PB-4062 was involved in this accident.

(ii) Summon the insurance record of vehicle No. DL-1P-7665 for the relevant period, covering the date of the accident; and

(iii) Any other evidence which may be relevant to establish the identity of the vehicle involved in the accident.

By order dated 27.04.2011, the award amount was directed to be deposited in this Court. A sum of Rs. 5,00,000/- was ordered to be

released in favour of the First Respondent. The release of this amount of Rs. 5,00,000/- shall be subject to the final outcome of the Claim Petition.

The balance amount along with interest, if any, accrued during the pendency of the Appeal shall be refunded to the Appellant Insurance Company.

Along with the Appeal, Cross Objections registered as MAC APP. 611/2012 were preferred by the Claimants for enhancement of the

compensation. The Claimants shall be at liberty to urge and the Claims Tribunal shall be entitled to look into fresh grounds and shall not be bound

by the quantum of compensation awarded earlier.

It goes without saying that in case of any need, the Claimants or for that matter any of the parties shall be at liberty to file Appeal, if aggrieved by

the order that may be passed by the Claims Tribunal.

Cross Objections being MAC APP. 611/2012 are accordingly dismissed.

The statutory deposit of Rs. 25,000/- shall be refunded to the Appellant Insurance Company.

Parties are directed to appear before the Claims Tribunal on 08.10.2012.

A copy of the order be sent to the concerned Claims Tribunal. Pending Applications also stand disposed of.