NATIONAL INSURANCE COMPANY Vs. SURESH CHANDRA DWIVEDI

JUDGEMENT

(1.) THIS appeal has been filed against the order dated 5.7.2003 passed by the Motor Accident Claims Tribunal, Kanpur Nagar in MACT Case No. 55 of 2002. The plaintiff respondent filed claim petition under Motor Vehicles Act for the injuries suffered by him on account of the accident, which took place on 8th October, 2000. It was stated that the claimant received injuries while he was going towards his house on the aforesaid date from one Truck No. PIL - 5682 driven by Sri Harveer Singh. The claimant received injuries as the truck was being driven rashly and negligently. The truck hit the vehicle of the claimant, with the result the claimant received multiple injuries, he has become permanent disable person. At the time of accident the age of the claimant was 46 years and was drawing salary of Rs. 4,130/-.

(2.) THE claim petition was contested by the present appellant on number of pleas including that the truck driver was not holding a valid licence and, as such, Insurance Company is not liable to pay any compensation amount. The Insurer has committed breach of the insurance policy. The Tribunal by order under appeal has allowed the claim petition in part and awarded damages at Rs. 55,390/- with interest at the rate of 9% per annum. The said amount has been awarded against the Insurance Company, the present appellant. Aggrieved against the aforesaid order present appeal has been filed.

(3.) THE finding of the Tribunal regarding rash and negligence driving of the truck and on the quantum of compensation have not been challenged by him. The present appeal has been confined only on two grounds.