National Insurance Co. Ltd vs Suman Kumari And Others

Sanjeev Kumar, J

This appeal filed under Section 173 of Motor Vehicles Act is directed against the award dated 18.11.2006 passed by the Motor Accident Claims Tribunal, Udhampur (for short „the Tribunal‟) in file No. 133/Claims titled "Suman Kumari vs Romesh Kumar and others" whereby the injured Suman Kumari has been awarded a sum of Rs. 1,57,651/- along with interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization.

The impugned award has been challenged primarily on the ground that despite the fact that the appellant-Insurance Company in its objections has taken a specific plea that respondent No.3, namely Bhagat Ram, was not registered owner of the vehicle and, therefore, the appellant-Insurance Company was not liable to indemnify him. It is submitted that since the vehicle which was earlier owned by Bhagat Ram was transferred in the name of one Maharaj Kumar w.e.f 06.01.2005, as such, on the date of accident, Maharaj Kumar was the registered owner.

Learned counsel for the appellant points out that despite the aforesaid objection having been specifically taken before the Tribunal, no issue in this regard was framed.

Having heard learned counsel for the parties and perused the record, I am of the view that the award granting a meager amount of Rs. 1,57,651/- passed in favour of injured Suman Kumari in the given facts and circumstances of the case does not call for any interference. It is true that the aforesaid objection had been taken by the appellant in its objections but the fact remains that no evidence was led to prove that it was not Bhagat Ram, but Maharaj Kumar who was the registered owner of the vehicle at the time of accident. Nothing prevented the appellant-Insurance Company to place on record the registration certification and prove the same by leading evidence, framing of specific issues in this regard notwithstanding.

From a perusal of the objections filed by the appellant-Insurance Company before the Tribunal and the memo of appeal filed in this Court, it clearly transpires that the issue has been raised by the appellant-Insurance Company afterthought and the certificate indicating Maharaj Kumar as the registered owner of the vehicle w.e.f 06.01.2005 has been placed on record for the first time in this appeal.

For the aforesaid reason and also keeping in view that a very meager amount has been awarded in favour of injured Suman Kumari, I am not inclined to interfere with the impugned award.

In view of the aforesaid, I find no merit in this appeal and the same is, accordingly, dismissed.

Registry to release the amount, if any, deposited in favour of the claimants as per the terms and conditions of the award and after proper verification.