NATIONAL INSURANCE COMPANY LTD Vs. KUNWARI DEVI

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the Act) is directed against the judgment and award dated 06. 10. 1999, passed by the Motor Accident Claims Tribunal/district Judge, Chamoli (in short the Tribunal) in Motor Accident Claim Petition No. 23 of 1997, Smt. Kunwari Devi Vs. Jaspal Singh Negi and others, whereby compensation of Rs. 25,000/- has been awarded in favour of the claimant for the injuries sus tained by her along with interest @ 10% per annum from the date of claim petition till the date of payment as mentioned in the impugned order.

(2.) BRIEF facts of the case giving rise the present appeal are that Smt. Kunwari* Devi, the claimant, sus tained injuries in a motor vehicle ac cident on 1-4-1997 due to rash and negligent driving by the driver of Truck No. U. P. 08/317 Tata-608 at about 9 p. m. near' Chenagaad Guptakashi Basukedar. motor road. In the accident, the claimant became permanent disabled and she was ad mitted in the hospital since 2-4-97 to 29-4-97 and incurred expenses of Rs. 2,5007 -. It is also alleged that sum of Rs. 30,000/- was incurred by her in connection with her treatment etc. The offending vehicle was owned by Jaspal Singh and it was duly insured, with the National Insurance Com pany. The claimant-injured has filed claim petition for compensation of Rs. 1,00,000/ -.

(3.) LEARNED Tribunal framed fol lowing issues in the case : 1. Whether the accident occurred due to negligence of the driver of truck No. UP. 08/3179 and Kunwari Devi sustained inju ries in the accident. 2. Whether the accident occurred as pleaded by O. P. No. 1 in para 11 of the W. S. filed by him ? 3. Whether the claimant is enti tled to Rs. One lac as compen sation amount? 4. Whether the truck involved in the accident had a valid insur ance. 5. Whether the driver tried to commit the murder as pleaded by O. P. No. 3 in para 21 of the W. S. ?