Motor Vehicles Act (59 of 1988) , S.147— Motor accident – Compensation – Liability of insurer – A person riding his scooter , had died due to collision allegedly caused by a car – During inquiry, alleged eyewitness, who was a customer at a paan shop near the accident site, disclosed registration number of offending vehicle to police two and a half months later – Belated disclosure, lack of corroboration by paan shop owner and failure to produce paper on which number was allegedly noted raised doubts about reliability of testimony of witness – Inspection report showed damage to vehicle – Owner of offending vehicle did not appear before any forum throughout proceedings, despite valid service of notice – It would have to be presumed that owner had no defence to offer before any forum – Record showed that during police investigation, driver of vehicle had admitted guilt – Vehicle was insured and no violation of policy terms was proved – insurance company was held liable to compensate claimants.
M.A.C.M.A. no.77 of 2017,D/-07-03-2019 (TEL)-Reversed(Paras17181920212223)