ASHWANI KUMAR Vs. NEW INDIA ASSURANCE CO

JUDGEMENT

(1.) RAJESH Tandon, J. Heard Shri Pramod Belwal, Counsel for the appellant and Shri T. A. Khan, Counsel for the respondents.

(2.) THE present appeal has been filed under Section 173 of Motor Vehicles Act by the appellant praying for modification by enhancement of compensation granted by the judgment and order dated 22nd December, 2002 passed by the Motor Accident Claims Tribunal by which a sum of Rs. 2,00,000/- alongwith interest of 9% has been awarded.

(3.) ON the pleadings of the parties, the Tribunal has framed the following issues : (1) Whether the accident in question took place on 14th July 1997 at about 7. 15 a. m. near village Deb Nagar before 3 Kms. From Nagni Village, District Tehri due to the rash and negligent driving of Jeep No. U. P. 09-0418 by its driver causing injuries and disablement to the claimant Ashwani Kumar? (2) To what amount of compensation, the claimant is entitled to get and from which of the O. P. s?