ORIENTAL INSURANCE CO. LTD. Vs. SMT. DAYA DEVI

JUDGEMENT

(1.) Heard Sri U.P.S. Kushwaha, learned counsel for the appellant and Sri Akhter Abbas, learned counsel who has put in appearance on behalf of UPSRTC. Sri Sarvesh Kumar Pandey, learned counsel represented the claimants respondents no. 1 and 2. Respondents no. 3 and 4 have remained unrepresented, despite service being sufficient.

(2.) Sri U.P.S. Kushwaha, learned counsel in the present appeal questioning the correctness of impugned judgement and award rendered by Motor Accident Claims Tribunal in MACP No. 12/2013, has essentially argued on the question of fixation of liability by the Tribunal upon the insurer and has thus challenged the validity of impugned award on the ground that the Tribunal while adjudicating upon the case has adopted an invalid procedure which is beyond the scope of Motor Vehicles Act, 1988 (hereinafter referred to as the Act).

(3.) Insofar as the ground of procedure adopted by the Tribunal is concerned, it was argued that invariably Motor Accident Claims Tribunals entertain examination-in-chief through affidavits which is not permissible as per the provisions contained in U.P. Motor Vehicles Rules, 1998 when read in the light of Section 169 (1) and 169 (2) of the Act.