NATIONAL INSURANCE COMPANY LTD Vs. MANJU BALA

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act,1988 (for short as the "act") has been filed by National Insurance Company Ltd. against the award dated 11. 02. 08, passed by Ms. Deepa Sharma, Judge, Motor Accident Claims tribunal (for short as "tribunal"), Patiala House, Delhi.

(2.) FACTS in brief necessary for disposal of the present appeal are that on 06. 12. 04, the deceased, Sh. Kamal Jeet Singh along with his friend, Sh. Anchul was coming as pillion rider from Banhukami to Nakopdar on a two wheeler scooter bearing no. PB-08k-9406 and when they reached Aalu Godown, Malsian Road, nakodar, Distt. Jalandhar, Punjab, a Truck bearing Regn. No. RJ-37-G-1075 came from the side of Nakodar at a fast speed and hit the scooter from the wrong side. Due to the said accident Kamal Jeet died. Respondent No. 6 who is owner of the Truck was driving the same.

(3.) A petition seeking compensation was filed by the widow, minor children and parents of the deceased against the driver/owner, Respondent no. 6 herein and the insurer, Appellant herein, of the offending vehicle.