(1.) THE Appellants impugn a judgment dated 17.05.2007 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby while awarding a compensation of Rs.2,52,000/- in favour of the Respondents No.2 and 3, the Respondent No.1(National Insurance Co. Ltd.) was exonerated of the liability to pay the compensation on the ground that there was a willful and conscious breach of the terms of the policy.
(2.) THE Appellants being owner of the offending vehicle (the insured) and the driver of the offending vehicle challenge the judgment on the ground that the negligence on the part of the Second Appellant was not established; the compensation awarded is excessive and that the Second Appellant had applied for the grant of a transport licence before the date of the accident; thus the First Appellant was not guilty of willful breach of the terms of the policy and the Respondent No.1 Insurance Company was not entitled to be exonerated.
(3.) THE Second Appellant did not enter the witness box to rebut PW1's testimony. Moreover, his testimony is corroborated by registration of a criminal case being FIR No.213, P.S. Pandav Nagar. In a Claim Petition under Section 166 of the Motor Vehicles Act, 1988(the Act), negligence is required to be proved on the touchstone of preponderance of probability, which to my mind has been done in the instant case. THE finding on negligence reached by the Claims Tribunal, therefore, cannot be faulted.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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