ORIENTAL INSURANCE CO. LTD. Vs. UMESH KUMAR

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-M/s Oriental Insurance Co. Ltd., being aggrieved by award of compensation dated 31.5.1994 passed by the Motor Accident Claims Tribunal/5th Additional District and Sessions Judge, Bulandshahar in MACT No.55 of 1993.

(2.) The claimants are the heirs of the deceased who died in the vehicular accident. Undisputed facts are that accident took place, the vehicle was involved in the accident was insured with appellant and there is no breach of policy whereby the Insurance Company refused to indemnify the owner or the driver of vehicle.

(3.) The learned counsel for the appellant has contended that the accident took place due to the rashness of the driver of the Maruti Car and not that of the driver of the tempo which was stationary. It is further submitted that the learned Officer has gone by his personal experience instead of interpreting the evidence led by the parties. It is submitted that Tribunal has applied a multiplier of 25 and could not have been more than 12. The rate of interest is also on the higher side.