LAWS(DLH)-2011-12-119

NATIONAL INSURANCE CO LTD Vs. NARESH KUMAR MISHRA

Decided On December 19, 2011
NATIONAL INSURANCE CO. LTD Appellant
V/S
NARESH KUMAR MISHRA Respondents

JUDGEMENT

(1.) THE Appellant National Insurance Co. Ltd. challenges the award dated 03.11.2010 passed by the Motor Accident Claims Tribunal (the Tribunal) whereby the compensation of Rs. 5,48,655/- was awarded on account of the death of Sanjay Mishra. THE deceased was a bachelor and aged 22 years at the time of the accident.

(2.) THE Insurance Company questions the Tribunal?s findings on the involvement of the vehicle as well as on the amount of compensation.

(3.) AGAINST this Jaspal Singh Chhabra (Respondent No.4) owner of the vehicle number DL-ILG-5302 Tata 712 filed his affidavit Ex.RW-1/1 and entered the witness box as PW-1. He testified that on 09.12.2008 the vehicle was loaded from Kasna Suraj Pur U.P. and was unloaded at Badarpur at 2:30 P.M.