ICICI Lombard General Insurance Co. Ltd. vs. Rajani Sahoo & Ors. (SC)

Motor Accident Claims–Motor Vehicles Act, 1988–Sec. 147–Plea of Insurance Company that the deceased himself was liable for rash and negligence but the Tribunal and High Court relied on the fraudulent charge-sheet prepared by the respondents in connivance with the police–Tribunal looked into the oral and documentary evidence including the FIR, final report and such other documents prepared by the police–The question regarding negligence which is essential for passing an award should be considered based on evidence available before Tribunal–Pursuant to the filing of the final report, cognizance was taken against the driver of vehicle, insured with appellant–Concurrent findings of High Court and Tribunal–Interference declined.