NEW INDIA ASSURANCE CO. LTD Vs. MONU @ NITIN

JUDGEMENT

(1.) HEARD Mr. S.C. Srivastava, learned Counsel for the appellant.

(2.) THIS first appeal from order is directed against the award of Motor Accident Claims Tribunal.

(3.) THE proceeding before the Claims Tribunal proceeded ex parte against the owner and driver of the offending vehicle. The Tribunal has granted permission under Section 170 of Motor Vehicles Act to the Insurance Company. It has been urged by the learned Counsel for the appellant that accident occurred due to negligence of the driver of the scooter and it was a case of contributory negligence, which has been illegally not considered by the Tribunal. It has further been urged that compensation awarded by the Tribunal is highly excessive.