NATIONAL INSURANCE COMPANY LIMITED Vs. VIRENDRA KUMAR SAXENA

JUDGEMENT

(1.) B. S. Verma, J. Learned counsel for the Insurance Company- appellant filed copy of the In surance Policy, which is taken on record.

(2.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the Act) is directed against the judgment and award dated 01-5-2001, passed by the Motor Accident Claims Tribunal / III Fast Track Court, Nainital fin short the Tribunal) in Motor Accident Claim Peti tion No. 39 of 1997, Virendra Kumar Saxena Abdul Aziz and others, whereby compensation of Rs. 2,00,000/ - has been awarded in favour of the claimant along with interest @ 9%. A rider of penal interest @ 12% per annum from the date of claim petition till pay ment was also put against the Insurance Company- appellant in case the pay ment is not made within a period of one month.

(3.) THE O. P. No. 2, Mohd. Ahmad, who is registered owner of the truck filed his written statement 40-Kha and con tested the claim petition asserting that he is the owner of the truck and the ve hicle was registered in his name and not of Abdul Majid. According to him, the truck was duly insured with the appel lant- Insurance Company. Quantum of compensation is excessive and the com-, pensation, if any, is liable to be paid by the insurance company.