NATIONAL INSURANCE COMPANY LIMITED Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the Act) is directed against the judgment and award dated 18 -4 -2003, passed by the Motor Accident Claims Tribunal/District Judge Nainital (in short the Tribunal) in Motor Accident Claim Petition No. i05 of 1997, Rajendra Kumar Vs. Gurdeep Singh and another, whereby compensation of Rs. 90,000/ - has been awarded in favour of the claimant along with interest @ 6% per annum from the date of claim petition till the date of payment against the Insurance Company -appellant.

(2.) RELEVANT facts are that claimant Rajendra Kumar filed claim petition before the learned Tribunal on account of death of his father Kundanlal due to the injuries suffered by him in a motor vehicle accident which occurred on 19 -12 -1996 involving Truck No. UMC -8265, which was being driven rashly and negligently by its driver. The compensation of Rs. 15 lacs was claimed.

(3.) THE claim petition was contested by the owner of the truck who filed his written statement alleging that the truck was being driver by a duly licensed driver and the accident occurred due to the negligence on the part of the deceased. The compensation if any is payable by the Insurance Company.