ORIENTAL INSURANCE CO LTD Vs. JITENDRA & OTHERS

JUDGEMENT

(1.) This First Appeal From Order has been filed under section 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act, 1988') by appellant, being aggrieved by order dated 20.4.1998 passed by the Motor Accident Claims Tribunal/IVth Additional District Judge, Mathura in MACT No.134 of 1994.

(2.) Appellant challenges the award on the ground that the accident occurred due to on head collision between jeep and bus and jeep driver could have avoided the accident. The respondents received injuries and his version has been believed though there is report of three doctors. The quantum awarded is as per schedule of Section 163A of the Act, 1988.

(3.) It is further submitted that the vehicle was driven against the terms and conditions of the insurance policy.