ORIENTAL INSURANCE CO. LTD. Vs. VIJAYEE AND OTHERS

JUDGEMENT

(1.) This appeal has been preferred under Section 173 of Motor Vehicle Act, 1988 against the judgment and award dated 29.08.2012, passed by the Motor Accident Claims Tribunal (First Additional District Judge), Gonda in M.A.C.P. no.97 of 2007, Vijayee and another v. Vimaldev Mani and others, by which a compensation of Rs.80,000/- has been awarded together with interest at the rate of 12% per annum.

(2.) Heard learned counsel for the appellant and gone through the records.

(3.) The appellant has challenged the award on the ground that the amount is excessive; interest has been awarded in violation of Section 171 of Motor Vehicle Act; that the learned Tribunal has wrongly relied upon the affidavit; that the learned Tribunal has erred in drawing adverse inference against the U.P.S.R.T.C. for non filing of the route permit; that the award is non speaking and vague; that the learned Tribunal has erred in not considering the fact that the U.P.S.R.T.C. had colluded with the claimants.