BACHAN SINGH Vs. SACHIN

JUDGEMENT

(1.) THIS is appeal preferred under Section 173 of the Motor Vehicles Act, 1988 is directed against the Award dated 08 -08 -2006 passed by the Motor Accident Claims Tribunal/District Judge, Tehri Garhwal in Motor Accident Claim Case No. 69 of 2005, whereby the claimant's claim petition, moved under Section 166 of the aforesaid Act, is dismissed.

(2.) HEARD learned Counsel for the parties and perused the record of the Tribunal

(3.) FROM the record, it appears that Respondent No. 2 United India Insurance Company Ltd. contested the case and filed its written statement in which the factum of accident was denied for want of knowledge. It is further pleaded in the written statement that the amount claimed is excessive. It is also pleaded that the driver of the vehicle had no valid license to drive the vehicle. However, in para 10 of the written statement, it is stated that there were 51 passengers, who were travelling in the Bus while the capacity of the Bus was 42. As such, the terms of the policy were violated.