NATIONAL INSURANCE COMPANY LIMITED Vs. KUDESIA HASHMI

JUDGEMENT

(1.) Present appeal has been filed by the appellant-Insurance Company under Section 173 of Motor Vehicle Act, 1988, against the judgment and order dated 30.03.2005, passed by the Motor Accident Claim Tribunal, Lucknow, in Claim Petition No.143 of 2001 (Smt. Kudesia Hashmi & Ors. vs. Sri Kuldeep Singh & Ors.).

(2.) The brief facts of the case are that on 07/08.08.2000, at about 1.45 A.M., the deceased S. Firoz Aktar Ashmi was going on his Maruti Car bearing No. U.P.32AB-3535 from Sitapur to Lucknow. When he reached near Bakshi-ka-Talab, from the opposite direction, a Truck bearing No. H.R.02A/9867 was coming, whose driver was driving it rashly and negligently and hit the car which resulted the death of Mr. F.A. Ashmi on the spot. Necessary FIR was lodged. The claimant has filed a claim petition before the Tribunal who has awarded a compensation of Rs.8,89,500/- against the appellant-Insurance Company. Being aggrieved, the present appeal has been filed by the appellant-Insurance Company.

(3.) With this background, heard Sri Rajeev Misra, learned counsel for the appellant-Insurance Company, who submits that the accident is not in dispute. The truck was insured by the appellant-Insurance Company.