CHANDRA BALLABH NAINWAL Vs. MOHAMMAD SADAB

JUDGEMENT

(1.) HEARD Sri D. S. Patni, counsel for the appellant and Sri T. A. Khan, counsel for the respondent no. 2.

(2.) BY the present A. O. filed under Section 173 of the Motor Vehicles Act, ap pellant has prayed for enhancement of the award dated 1st October, 2002 passed by the Motor Accident Claims Tribunal / District Judge, Nainital in Motor Accident Claim Petition No. 164 of 2001 Sri Chandra Ballabh Nainwal Vs. Mohd. Sadab, whereby the claimant / appellant has been awarded a sum of Rs. 1,89,100. 92 towards compensation along with interest @ 9% per annum.

(3.) OWNER of the truck has contested the claim by filing a written statement stat ing therein that he is the registered owner of the truck No. HR 05b/3117 and the truck is registered with the New India Assurance Company. It has further been stated that the accident did not take place due to rash and negligent driving of the driver of the truck in question.