The Supreme Court observed that discrepancy in the make of the vehicle cannot be a ground to deny a rightful claim when the vehicle's registration number and other key details are consistent and correctly mentioned.
Because of the change of make of the vehicle, i.e., TATA Sumo in place of TATA Spacio, the claim as allowed by the Motor Accident Claims Tribunal was rejected by the High Court upon setting aside the claim awarded by the Tribunal even though the vehicle's registration and other key details remained the same.
After hearing learned counsel for the parties and looking to the fact that the registration number of the offending vehicle is KA-31/6059, was found involved in the criminal case which is one and the same, the finding of the High Court cannot be sustained. Even mere misdescription of the make of the vehicle could not have been treated as consistency or a ground to dismiss the claim petition itself, particularly when there is no change in the registration number of the offending vehicle. Therefore, impugned judgment of the High Court deserves to be set aside.”
PARAMESHWAR SUBRAY HEGDE VERSUS NEW INDIA ASSURANCE CO. LTD. & ANR
