NATIONAL INSURANCE COMPANY Vs. BANKEY BIHARI LAL

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant-Insurance Company against a judgment and award passed by the learned judge, Motor Accidents Claims Tribunal, gorakhpur on 20th April, 2000, under a claim petition filed under Section 166 of the Motor vehicles Act, 1988 (hereinafter referred to as the 'act, 1988 ). Against the same judgment and award cross-objection No. 121257 of 2002 has also been filed. Therefore, both are being decided by this common judgment.

(2.) THE deceased died in road accident at nepal on 13th August, 1992. He was unmarried at that time. He left behind his parents and brother. A claim petition was filed by his parents before the Tribunal at Gorakhpur in 1995. The claim petition became successful. A sum of Rs. 7. 70,000/- was awarded by the tribunal in favour of the claimants. Liability of the owner and Insurance Company for payment of compensation was made joint and several. Award of interest was also allowed at the rate of 12% per annum from the date of presentation of the claim petition till the actual date of payment. The share of compensation in favour of the claimants i. e. father and mother was made equal. Five issues were framed thereunder which are as follows:

(3.) ISSUE No. 1 is related to the question of jurisdiction. We have gone through section 166 (2) of the Act, 1988 for considering such question which is as follows: