UNITED INDIA INSURANCE CO LTD Vs. MANJEET SINGH

JUDGEMENT

(1.) THE appellant, United India Insurance Company Ltd. , insurer of the offending vehicle has preferred an appeal challenging the impugned order dated 10. 09. 2004 passed by the learned MACT. The impugned award has arisen out of the claim petition filed by respondent No. 1 against the appellant as well as against respondent Nos. 2 to 5 claiming compensation for the death of Shri kapoor Singh. The brief facts which are necessary for deciding the present appeal inter alia are that on 11. 10. 2000, Shri Kapoor Singh along with 4 other persons, while traveling in a Tata Sumo bearing registration number HR 26 F 3403 in order to go for a holy bath in the river Ganges, crossed village Chappar, little ahead of Muzaffar Nagar (UP), and prior to Village Barla and the said tata Sumo collided with the Tractor Trolley. As a result, all of them sustained grievous injuries and Shri Kapoor Singh succumbed to his injuries in the Hospital.

(2.) THE Tribunal after taking into consideration the facts of the case as well as evidence led by the parties has passed an award in the sum of Rs. 9,36,796/-along with interest at the rate of 9 % per annum payable from the date of the institution of the petition till the date of realisation. The said order passed by the Tribunal is now under challenge in the present appeal.

(3.) I have heard learned counsel for the parties at considerable length. The appeal is liable to be dismissed at the admission stage itself as the very maintainability of the appeal is in dispute.