NEPAL SINGH KHACHERU SINGH Vs. SANJAY JANGIA

JUDGEMENT

(1.) THIS appeal, under Section 173 of the Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 29/1/2004, passed by Motor Accident Claims Tribunal/addl. District Judge, Kashipur, Udham Singh Nagar, in MACP No. 39 of 2002.

(2.) BRIEF facts of the case giving rise to this appeal are that on 6/3/1998, the claimant Nepal Singh, was going to Delhi from Sitapur carrying with him ply in Truck No. D. L. 1-G/a 2840. When the said truck reached near Dasana in front of Sagar Vatika Hotel at about 4 A. M. on National Highway No. 24, the truck collided with the woods scattered on the road and the claimant was injured. His both legs were fractured. He was admitted in Rastogi Orthopedic Center Moradabad and he got treatment there for about two years. According to the claimant the accident happened due to negligence of the truck driver. The claimant filed petition for compensation.

(3.) THE Opposite Party/new India Assurance Company contested the claim petition and filed its written statement, denying the allegations made in the petition and alleged that the insurance company cannot be held liable to pay compensation because the truck was being plied against the terms of policy. It also alleged that exorbitant amount of compensation has been demanded.