MOHD. ABBAS Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) The present appeal has been filed by appellant owner, under Sec. 173 of the Motor Vehicles Act, 1988, (for short "the Act, 1988") against the judgment and award dtd. 27/11/2019, passed by the Motor Accident Claims Tribunal/ First Additional District Judge, Nainital in M.A.C.P. No.04 of 2018, Trilok Singh and another vs. Mohd. Abbas and another, whereby the Tribunal awarded a sum of Rs.5,16,000.00 and gave a liberty to the respondent no.2 to recover the amount of compensation from the owner of the vehicle (appellant herein).

(2.) Brief facts of the case are that on 25/3/2012, at approximately 9:00 p.m., Khim Singh (deceased) was riding his motorcycle number UA-06H-1776 near the Karbala turn at Gadarpur Kelakheda Road. At that time, a truck number UK-04E-9756, driven by a driver at high speed and recklessly and negligently, struck the motorcycle from behind due to which he sustained serious injuries and died on the spot. After receiving information about the accident, the police prepared an inquest report and conducted a post-mortem of the deceased Khim Singh. Accordingly, claimants moved a claim petition before the MACT for compensation of Rs.10,00,000.00.

(3.) The appellant (owner of the vehicle) has filed his written statement, stating that the amount of compensation has been claimed in an inflated manner and without any basis. On the fateful day, the vehicle was insured with the National Insurance Company and was being driven by a person holding a valid and effective driving licence.