UNITED INDIA INSURANCE COMPANY LIMITED Vs. CHANDRA RANI

JUDGEMENT

(1.) B. S. Verma, J. This appeal, preferred under Section 110-D of the Motor Vehicles Act, 1939 (in short the Act) against the judgment and Award dated 11-8-1982, passed in MAC, Petition No. 127 of 1978, Smt. Chandra Rani Vs. Mool Chand Tyagi and others, by the Motor Accident Claims Tribunal/additional District Judge, Dehradun (for short the Tribu nal), whereby the Tribunal awarded compensation of Rs. 36,000/- along with in terest @ 6% per annum against the In surance Company- O. R No. 4, as men tioned in the impugned order. Aggrieved, the Insurance Company-appellant has "come up in appeal.

(2.) RELEVANT facts of the case are that initially the claim petition under Section 110-B of the Act was filed by claimant Smt. Chandra Rani in respect of death of her husband Desh Raj, aged about 48 years and earning Rs. 400/- per month as salary in a vehicular accident involving Vehicle No. UTL-4638, which was being driven rashly and negligently by O. R No. 3 Yashpal on 11-/-1978 with the result the deceased sustained griev ous injuries and consequently died. The claimant claimed compensation of Rs. 57,600/ -. It comes out from the record that the Vehicle was owned by O. R No. 2 who is the registered owner of the vehi cle. Since the proposal for insurance of the vehicle was signed by Mool Chand Tyagi, he was arrayed as owner of the vehicle. The Opposite No. 4- appellant is the insurer of the vehicle.

(3.) IN this appeal, the impugned award has been assailed mainly on the ground that the finding of the Tribunal that the vehicle was insured on the date of accident is not based on evidence on record.