NATIONAL INSURANCE COMPANY LIMITED Vs. SUNITA

JUDGEMENT

(1.) The instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the insurer of vehicle Truck No. UP-82-T-3450 against the impugned judgment and award dtd. 24/6/2025 passed by the Motor Accident Claims Tribunal, Etah, whereby compensation of Rs.2,00,000.00 along with interest @ 7% per annum has been awarded in favour of the legal heirs of the deceased Prem Narayan, who succumbed to injuries sustained in an accident that occurred on 5/7/2016 and died on 7/7/2016.

(2.) Learned counsel for the Insurance Company submitted that a very short legal question is involved in this appeal. Learned counsel submitted that the owner of the Truck No. UP-82-T-3450 Prem Narayan was himself driving the truck at the time of the alleged accident, as such, he was not covered under the terms and conditions of the insurance policy, but the Tribunal has ignored this fact and has allowed the claim petition by awarding compensation of Rs.2,00,000.00 to the legal heirs of the deceased owner, which is erroneous and is liable to be set aside.

(3.) I have heard learned counsel for the Insurance Company and perused the impugned judgment and documents submitted along with the appeal.