AMIT KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THERE is twin challenge to the judgment dated 30.07.2014 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby compensation of Rs.1,00,000/ - was awarded in favour of Respondent no.1 in respect of damage to army vehicle BA no.95D -101349 -E, LY3 Ton Shaktiman which met with an accident with truck bearing no.HR -55A -1616 which was owned by Appellant Amit Kumar.

(2.) IT is urged that the damage to the extent of Rs.1,00,000/ - was not proved and that the Claims Tribunal erred in holding that there was willful breach of the terms and conditions of the Insurance policy on the part of the Appellant making the Insurance Company entitled to recover the compensation paid from the Appellant.

(3.) THE appeal must succeed on the second ground.