NATIONAL INSURANCE CO . LTD Vs. TEJ NARAIN

JUDGEMENT

(1.) This first appeal from order, filed by The National Insurance Co. Ltd. under Sec. 173 of Motor Vehicle Act, 1988 is directed against the judgment and award dated 21.11.1995 of learned Motor Accident Claim Tribunal (IVth Additional District and Sessions Judge, Hardoi) in M.A.C.P. No.11 of 1994 (Tej Narain Vs. Sohanlal and Others).

(2.) By the impugned judgment and award under appeal, the learned Motor Accident Claims Tribunal which shall hereinafter shall be called as M.A.C.T has awarded compensation of Rs. 58,000.00 to the legal representative, the father of one 'Mahendra alias Raju', aged about 24 years, who died in an accident occurred on 26.10.1993 at about 6.30 p.m. due to collision between two motor vehicles i.e. between one Bus (USD 3940) wherein he was passenger and Tractor (U.P. 30/5741).

(3.) Consequent thereupon the claim petition for compensation was filed by Tej Narain, father of the deceased against Sohanlal, (the owner of the bus), The Oriental Insurance Company Limited (insurer of the said bus), Ishtiaq Ali (driver of the bus), Abdul Hanif, Shaida W/o Abdul Hanif (the owner's of the another motor vehicle involved in the accident i.e. tractor bearing no.UP 30/5741), the National Insurance Company, (insurer) and one M.S. Hussain (the driver of the offending tractor).