NATIONAL INSURANCE CO. LTD. Vs. SMT. HALIMA KHATOON

JUDGEMENT

(1.) Heard Sri Kuldip Shanker Amist, learned counsel for appellant, Sri Nigmendra Shukla, learned counsel for respondent nos. 1 to 3 and Sri S.K. Mishra, learned counsel appearing on behalf of UPSRTC.

(2.) This appeal under Sec. 173 of Motor Vehicle Act, 1988 ( hereinafter referred to as the "Act, 1988") at the instance of appellant-Insurance Company has arisen from judgment and award dated 30.3.2002 passed by Additional District Judge, Court No. 1, Bulandshahar (hereinafter referred to as "Tribunal") in Motor Accident Claim Petition No.76 of 2000.

(3.) Sri Kuldip Shanker Amist, learned counsel for appellant stated that Bus No. UP 15F/8686 involved in the accident which was ensured with the appellant was running under the contract of UPSRTC and at the time of accident neither the owner of the bus nor the respondent nor the appellant were liable to pay any compensation and it was only the UPSRTC who was to pay the amount of compensation. The Insurance Company has taken the plea that their liability did not arise and they took recourse under Sec. 147 of Act, 1988 as a vehicle under a contract was not covered by the Policy.