NATIONAL INSURANCE CO LTD Vs. RAJ KUMAR ARORA

JUDGEMENT

(1.) HEARD Sri Prabhat Pande, counsel for the appellant. This is an appeal filed by the Insurer.

(2.) BY the present A. O. filed under Section 173 of the Motor Vehicles Act, 1988, appellant has prayed for setting aside the award dated 18-5-2007 passed by the Motor Accident Claims Tribunal/ District Judge, Uttarkashi in Motor Ac cident Claim Case No. 41 of 2006 Raj Kumar Arora and Ors. Vs. National Insur ance Co. Ltd. , whereby the claimant has been awarded a sum of Rs. 1,52,000/-towards compensation.

(3.) INSURER has contested the claim by filing a written statement stating therein that the deceased was herself the owner of the Car in question, therefore, the INSURER is not liable to indemnify the award. It has further been stated that the accident took place due to own negli gence of the deceased. It has further been stated that the INSURER is liable to pay compensation only to the 3rd party and not to the owner of the Car in ques tion. It has further been stated that at the time of accident, the driver of the Car in question was (not) holding valid driving licence and Car in question was being driven unauthorisedly. It has fur ther been stated that at the time of ac cident, the Vehicle in question was not carrying valid papers and the car in ques tion was being driven in violation of the terms and conditions of the policy and the permit. Further it has been started that the income and age of the deceased has wrongly been mentioned.