NATIONAL INSURANCE CO LTD Vs. POOJA

JUDGEMENT

(1.) The present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act, for short) has been filed by the National Insurance Company Limited, the appellant, against the award dated 16th April, 2004 passed by the learned Motor Accidents Claim Tribunal in Claim Petition/Suit No. 117/2003 titled Smt. Pooja and others versus Gulfam and others.

(2.) By the impugned award the learned Motor Accidents Claim Tribunal had decided some other claim petitions also, however, I am not concerned with them. It may also be relevant to state here that the Oriental Insurance Company Limited-the respondent No. 9 in the present appeal has also filed cross- objections. This order will dispose of the appeal and the cross-objections of the respondent no.9.

(3.) It is admitted case of the parties that on 24th October, 1999 at about 2.30 a.m, the deceased-Mr. Sarvesh Kumar along with others was travelling in a Tata Sumo bearing Registration No. DL 4CJ-0261 and was coming to Delhi from Gopalganj in Bihar. The said Tata Sumo met with an accident with a truck bearing Registration No. UP 15 A-2741. The respondent nos.1-6 in the present appeal are the dependants of the deceased-Mr. Sarvesh Kumar. The respondent nos. 7,8,10 and 11 are the driver and the owner of the TATA Sumo and the driver and the owner of the truck, respectively.