NEW INDIA ASSURANCE CO LTD Vs. NEELAM SINGH

JUDGEMENT

(1.) THE present appeal is preferred against the impugned award dated 07.09.2011, whereby the learned Tribunal has granted a compensation of Rs.18,01,050/ - with interest at the rate of 7.5% per annum in favour of the respondents/claimants from the date of filing the claim petition, i.e., 18.10.2008 till its realization minus the period from 09.09.2009 to 17.02.2010 in terms of order dated 09.09.2009.

(2.) LEARNED counsel appearing on behalf of the appellant/Insurance Company submits that for a claim petition under Section 166 of the Motor Vehicles Act, 1988, the claimants have to prove the negligence on the part of the driver of the offending vehicle. He submits that in the present case, no eye witness has been examined by the claimants to prove the negligence, despite that the learned Tribunal has awarded the compensation noted above.

(3.) ISSUE No. 1 framed by the learned Tribunal vide order dated 08.11.2010, reads as under: -