SARDAR DEEDAR SINGH Vs. UNITED INDIA INSURANCE CO

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS appeal, preferred under Section 173 of Motor Vehicles Act, 1988, is directed against the judgment and award dated 23.9.1996, passed by M.A.C.T./II Additional District Judge, Nainital, whereby he has awarded a sum of Rs. 1,54,000 to the claimants and directed that said amount be paid by appellant Sardar Deedar Singh who was owner of the vehicle.

(3.) RESPONDENT No. 1 (the present appellant), the owner of the vehicle, contested the claim petition and denied that the driver was rash and negligent in driving the vehicle. However, the accident was not disputed by him. Respondent No. 1, pleaded that the aforesaid truck was ensured with United India Insurance Company for the period 20.9.1992 to 19.9.1993 under cover Note No. 442411. Both United India Insurance Company and its Branch Manager, disputed the facts alleged in the claim petition and denied having issued any cover note in respect of truck No. U.P. 26/0616.