Smt. Sonia (Mother) vs The New India Assurance Company Ltd. ... on 3 August, 2021
(4) A common written statement has been filed on behalf of the
respondent no.2 and 3 wherein a preliminary objection has been raised
that the present claim petition is not maintainable since the petitioner
has not come to the court with clean hands and has not disclosed the real
facts in relation to the alleged accident and therefore, the petition is
liable to be dismissed with costs. It is further pleaded that the alleged
accident was not caused due to the fault and negligence of the
respondent no.3 and in fact the respondent no.3 has no concern with the
said accident and he was falsely implicated in the said accident. It is
also pleaded that neither the respondent no.2 nor the respondent no.3 is
liable to pay any damages. It is also pleaded that the damages claimed
by the petitioner are highly excessive and imaginary and the same have
been claimed on unrealistic grounds. It is further pleaded that the
Sonia & Anr. Vs. New India Assurance Co. Ltd. & Ors., MACT No. 72/2019
Award dated 03.08.2021 Page No. 6 of 26
Digitally signed by KAMINI LAU
KAMINI LAU Date: 2021.08.03 17:17:25
+0530
respondent no.3 has no concern with the death of deceased and
therefore, neither the respondent no.2 nor the respondent no.3 is liable to
pay the damages despite which the respondents no.2 and 3 are made a
false party in the case by the petitioners in connivance with the police so
as to extract money from the respondents. It is also pleaded that the
petitioners had not filed the affidavit properly signed by him for not
filing any similar petition for the similar relief, either before this court or
before any other court of law. It is further pleaded that the Sonalika
750 III RX bearing registration No. HR13L2126 was
comprehensively insured in the name of answering respondent no.2 with
respondent no.1 Insurance company vide cover note bearing No.
32110031170200007785 for the period from 21.02.2018 to 20.02.2019
and therefore, any compensation if so awarded by this court is liable to
be satisfied and paid by the respondent no.1 Insurance Company being
the insurer of the tractor in question. It is also pleaded that the
offending vehicle was transfered in the name of respondent no.2 on
24.11.2016 and the Government of Uttar Pradesh registered, the said
vehicle with the new registration number UP17P0079 but the vehicle
insured with its previous registered number i.e. Sonalika750 III RX
bearing registration No. HR13L2126 on the day of alleged incident.
It is further submitted that on the date of the alleged accident i.e.
16.10.2018 the offending vehicle was being driven by the respondent
no.3 who was holding a valid driving license is genuine and valid for
driving for Tractor in question.