ORIENTAL INSURANCE CO LTD Vs. YUDHISTER JOSHI

JUDGEMENT

(1.) P. C. Pant, J. This appeal, preferred under Section 173 of the Motor Vehicles Act, 1988, is directed against the impugned award dated 29th May, 1999, passed by the Motor Accident Claims Tribunal/district Judge, Pithoragarh, in M. A. C. Case No. 41 of 1993, whereby a sum of Rs. 1,35,000 is awarded as compensation to the claimant, and the appellant Insurance Company is directed to pay the same.

(2.) HEARD learned Counsel for the parties and perused the papers on record.

(3.) THE Motor Accident Claims Tribunal, on the basis of pleadings of the parties, framed following issues in the case : 1. Whether, the injured Yudhister Joshi sustained injuries on the account of rash and negligent driving on the part of the driver of the truck registration No. U. S. Z. /9416 ? 2. Whether, the truck was being plied in violation of the terms and conditions of the insurance policy ? 3. To what amount of compensation, if any, the claimant is entitled ?