NATIOANL INSURANCE CO LTD Vs. NEELAM

JUDGEMENT

(1.) PRESENT appeal under section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') has been filed by the appellant insurance company against the award dated 23. 12. 2006 passed by Mr. D. K. Sharma, Judge, M. A. C. T. , Delhi (for short 'the Tribunal' ).

(2.) THE brief facts of this case are that deceased Jagjit Singh aged about 34 years died in road accident on 8. 12. 1996 while driving two-wheeler scooter bearing No. DL 4s-L 5468. The accident took place as the offending vehicle bearing No. HR 47-3727 was parked on the wrong side with headlights off. The deceased was taken to the hospital where he was declared dead.

(3.) THE offending vehicle is owned by respondent No. 7 whereas respondent No. 6 was the driver of the offending vehicle. This vehicle was insured with the appellant insurance company.