ORIENTAL INSURANCE COMPANY Vs. JAGPATI DEVI

JUDGEMENT

(1.) THE present appeal is directed against the impugned award dated 07.01.2012, whereby the learned Tribunal has granted compensation by considering the claim petition filed under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').

(2.) LEARNED counsel appearing on behalf of the appellant/Insurance Company has argued that as the respondent No.1/claimant has failed to establish the negligence of the vehicle, therefore, the appellant/Insurance Company is not liable to pay any amount towards compensation.

(3.) ADMITTEDLY , initially the claimant filed the claim petition under Sections 166 and 140 of the Act, however, thereafter the same was converted under Section 163-A of the Act.