NATIONAL INSURANCE CO LTD Vs. HARISH KUMAR

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act, 1988 (for short hereinafter referred to as 'the Act) has been filed by the Insurance Company against the award dated 27.4.2004, passed by 10th Member, Motor Accident Claims Tribunal, Indore (M.P.) in Claim Case No. 1/2003.

(2.) THE respondent No. 1 had filed the claim petition stating that on 14.9.2002 Dwarkar Prasad was going from Nagpur to Hyderabad as a driver of Truck No. M.P.09-V-2003 to transport the goods; when the unknown assailants had fired on him and he had died in the accident. Consequently, the respondent No. 1, who is the brother of the deceased, had filed claim petition before the Tribunal. THE Tribunal found that the claim of the respondent No. 1 was covered under section 163 A of the Motor Vehicle Act, 1988 and the Tribunal, therefore, awarded as sum of Rs. 2,72,000/- along with the interest at the rate of 6% from the date of application till realization.

(3.) I have heard learned counsel for the parties and perused the record.