NEW INDIA ASSURANCE COMPANY LTD Vs. PAVITRI DEVI

JUDGEMENT

(1.) This appeal, preferred under Section 110-D of the Motor Vehicles Act, 1939, readwith Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 31st July, 1990, passed by the Motor Accident Claims Tribunal/district Judge, Chamoli, whereby M. A. C. Case No. 9 of 1989 has been decided and an amount of compensation to the tune of Rs. 45,000 has been awarded in favour of the claimant. The Tribunal has further directed that out of said amount Rs. 25,000 shall be paid by the New India Assurance Company Ltd. , while rest Rs. 15,000 shall be paid by Budhi Ballabh Joshi, owner of the vehicle and a sum of Rs. 5,000 shall be paid by Raj Pal Singh, driver of the vehicle.

(2.) HEARD Mr. R. B. Agrawal, learned Counsel for the appellant and perused the papers on record. No one turned up on behalf of the respondents even after being served personally.

(3.) THE Motor Accident Claims Tribunal, on the basis of pleadings of the parties, framed following issues in the case : (1) Whether, Kundan Singh died in an accident on 29th May, 1989, at about 10. 30 a. m. , on his way from Rudraprayag to Phokri in Bus D. C. M. Toyota Bearing Registration No. U. S. Y. 3637, if so, its effect? (2) Whether, the vehicle was being driven rashly and negligently by its driver defendant No. 3 Raj Pal Singh, if so, its effect? (3) Whether, the liability of the Insurance Company (defendant No. 1) was limited only to the extent of Rs. 15,000/-, as alleged in its para 15 of the written statement? (4) Whether, the accident had occurred due to the mechanical failure as alleged in para 16 of the written statement of defendant No. 1, if so, its effect? (5) Whether, the amount of compensation claimed by claimant is excessive, as alleged in the written statement filed by respondent Budhi Ballabh Joshi, owner of the vehicle? (6) To what amount of compensation, if any, the claimant is entitled?