NATIONAL INSURANCE CO LTD Vs. SUDHANSHU BISHT

JUDGEMENT

(1.) THIS appeal under Section 173 of Motor vehicles Act, 1988, has been preferred by national Insurance Company Limited (insurer of Truck No. UP-02b/9642) against the judgment and award dated 9th May, 2006 passed by Motor Accident Claims Tribunal/ addl. District Judge/ill Fast Track Court, nainital, in MACP No. 139 of 2004, Sudhanshu bisht v. Naseerulla and others.

(2.) BRIEFLY stated the fcts as narrated in the claim petition are that on 26th June, 2003, claimant-Sudhanshu bisht alongwith pramod Lohni was going on scooter no. U. P. 04a/1666 from Dineshpurto Haldwani. The aforesaid scooter was being driven by claimant-Sudhanshu Bisht in this accident. AS soon as the scooter reached at Tanda railway Station at about 12. 30 in night, atruck bearing Registration No. UP-02b/9642 coming from opposite direction in rash and negligent manner, hit the scooter, on account of the same claimant-Sudhanshu Bisht as well as pramod Lohni sustained grievous injuries on their person. It has been alleged that claimant-Sudhanshu Bisht was 32 years of age and was earning Rs. 5,000/- per month. The claimant claimed compensation against opposite parties.

(3.) OPPOSITE parties No. 1 and 2 (owner and driverof truck in question), inspite of sufficient service of notice upon them, did not contest their case.