NATIONAL INSURANCE CO. LTD Vs. SONI DEVI

JUDGEMENT

(1.) THE Appellant Insurance Company impugns a judgment dated 27th September, 2006 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.5,36,140/ - was awarded in favour of the Claimants for the death of Inder Kant Jha who died in a motor vehicle accident, which occurred on 19.11.2003.

(2.) THE ground of challenge raised by the learned counsel for the Appellant is that the vehicle No.DL -7CD -0827 was not involved in the accident. It was only a good gesture on the part of Respondent No.1 to remove the injured Inder Kant Jha to St. Stephens Hospital noticing him to be lying injured near the ISBT, who later on succumbed to the injuries.

(3.) IT is urged by the learned counsel for the Appellant that PW -4 was neighbour of the deceased Inder Kant Jha. There is delay of 2 months in issuing notice under Section 133 of the Motor Vehicles Act(the Act) to the owner of the vehicle and thus, the Claims Tribunal ought not to have accepted PW -4's testimony.