NEW INDIA ASSURANCE COMPANY LTD. Vs. SHANTI DEVI

JUDGEMENT

(1.) Heard Sri Kartikey Saran, learned counsel for the appellant and Sri Rajesh Kumar Mishra, learned counsel for claimant-respondent. None appeared for the owner.

(2.) This appeal at the behest of the New India Assurance Co. Ltd., challenges the judgment and award dated 4.11.1993 passed by Motor Accident Claims Tribunal/XVIth Additional District Judge, Allahabad (hereinafter referred to as 'Tribunal') in Claim Petition No. 101 of 1991 awarding a sum of Rs.2,85,000/- with interest at the rate of 12% as compensation.

(3.) The accident occurred on 7.12.1990 involving the Truck No. UHU 9049. The vehicle was insured with the appellant is not in dispute. The deceased died out of the said accidental injuries. The Insurance Company has filed its written statement contending that the accident did not occur in the manner in which it is projected. The owner has also filed similar reply and contended that as his vehicle was insured comprehensively it would be the liability of the Insurance Company to pay compensation if need to be paid. The Tribunal framed about six issues.