NATIONAL INSURANCE COMPANY LTD. Vs. MALTI SAXENA

JUDGEMENT

(1.) THIS appeal, preferred under Section 110 -D of the Motor Vehicles Act, 1939, is directed against the award dated 18 -05 -1992, passed by the II Additional District Judge / Motor Accident Claims Tribunal, Nainital in M.A.C. Case No. 114 of 1986, whereby said Tribunal has awarded compensation of Rs. 1,50,000/ - to the claimants to be paid by National Insurance Company Ltd. (Appellant) with interest at the rate of 9% per annum, thereon.

(2.) HEARD learned Counsel for the parties and perused the papers on record.

(3.) THE petition was contested by owners of both the trucks and the insurance companies, with whom the trucks were insured. Written statements were filed on their behalf before the Tribunal, denying the allegations in the claim petition. It is also denied by the owners of the trucks that their trucks were being driven rashly and negligently by their drivers. It is also pleaded by the contesting Respondents that the amount claimed is excessive. It is also alleged that the answering Respondents were not liable to make any payment of compensation.