NEW INDIA ASSURANCE COMPANY LTD Vs. PARWATI DEVI

JUDGEMENT

(1.) RAJEEV Gupta, C. J. Sri P. C. Maulekhi, Advocate for the Appellant. Sri I. S. Mehra, Advocate for re spondent no. 1. None for respondent No. 2.

(2.) THIS is insurer's appeal against the Award dated 29-03-2006 passed by Motor Accident Claims Tribunal, Nainital in Motor Accident Claim Case No. 95 of 2005.

(3.) THE owner and insurer of the of fending vehicle - Truck contested the claim. THE owner of the truck denied his liability to pay compensation to the claimant on the plea that the deceased himself was responsible for the accident. THE insurer of the truck, on the other hand, took the plea that the truck was being plied in breach of the policy con ditions and the driver of the truck was not holding a valid driving license.