THE ORIENTAL INSURANCE COMPANY LIMITED, KHAN MARKET, SHAHI ROAD, LALITPUR, THROUGH ITS BRANCH MANAGER, THROUGH DIVISIONAL MANAGER, KANORIA BHAWAN, PALM ROAD, CIVIL LINES, NAGPUR Vs. SMT. RAMILABEN WIDOW OF JAYANTILAL PATEL, AGED ABOUT 34 YEARS, OCCUPATION

JUDGEMENT

(1.) The present appeal filed under Sec. 173 of the Motor Vehicles Act, 1988 [for short "the said Act"] takes exception to the Award dated 13th Feb., 2004 passed by the learned Member, Motor Accident Claims Tribunal, Nagpur, in Claim Petition No. 844 of 2002.

(2.) In an accident that occurred on 22nd Aug., 1999, one Jayantilal, the husband of respondent no.1 and father of respondent nos. 2 and 3 expired. Said accident occurred when Jayantilal was riding his two wheeler and was dashed by a truck. The said truck was insured with the appellant herein. The respondent nos. 1 to 3 filed claim petition under Sec. 166 of the said Act seeking compensation of Rs.19,42,748-00. This claim was opposed by the appellant. After the parties led evidence, learned Member of the Claims Tribunal partly allowed the claim petition and awarded compensation of Rs. 15,84,225-00. Hence this appeal.

(3.) Shri D. N. Kukday, learned counsel for the appellant, made two-fold submissions :