NEW INDIA ASSURANCE COMPANY LTD Vs. NADEEM AKHTAR

JUDGEMENT

(1.) By the Court-The present Appeal has been filed by the Insurance Company under Section 173 of the Motor Vehicles Act, 1988 against the award dated 22.5.2009 whereby Rs.1,69,940/- with interest @ 6% has-been awarded as compensation to the claimants-respondents on account of the death of Akhtar in an accident which took place on 23.4.2005 at around 4.00 a.m. in the morning wherein Canter No. UP23B-2043 collided with a Truck.

(2.) The Motor Vehicles Accident Claims Tribunal framed five issues.

(3.) Issue No. 1 was in regard to the factum of accident having taken place on account of rash and negligent driving by the driver of the aforesaid vehicle, namely, Canter No. UP23B-2043. The Tribunal decided the said Issue in the affirmative.