NATIONAL INSURANCE CO LTD Vs. SURESH SINGH

JUDGEMENT

(1.) THIS appeal, under Section 173 of the Motor Vehicle Act, 1988, has been preferred by National Insurance Company against the judgment and award dated 12-5-1998, passed by Motor Accident Claim Tribunal/ II Addl. District Judge, Nainital, in M. A. C. T. No. 287 of 1996.

(2.) BRIEF facts giving rise to this appeal are that on 14-6-1995 at 9. 30 P. M. the claimant/respondent Suresh Singh was going in truck No. U. P. 02-B/3935 and when he reached near Jeolikot the trucks fell into a ditch and the claimant received grievous injuries. His leg was broken. The claimant filed claim petition for award of compensation.

(3.) THE respondent/owner of the truck in his written statement admitted the accident and alleged that the truck was insured with appellant/national Insurance Company and the insurer is liable to pay compensation.