NEW INDIA ASSURANCE COMPANY LTD Vs. SHANTI PATHAK

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeals is to the legality of the judgment rendered by a Division Bench of Uttranchal High Court dismissing the appeal filed before it under Section 173 of the Motor Vehicles Act, 1988 (in short the 'Act'). The Motor Accidents Claims Tribunal/Addl. District Judge, F.T.C. Nainital (hereinafter referred to as the 'tribunal') awarded a sum of Rs.4,10,000/- in favor of the respondents 1 and 2 (hereinafter referred to as the 'claimants').

(3.) The background facts which are almost undisputed essentially are as follows: