NATIONAL INSURANCE COMPANY LTD Vs. TAPATI SINGH

JUDGEMENT

(1.) The present appeal has been preferred by the Insurance Company against the Judgment and Award dtd. 26/2/2014, passed by Learned Judge, Motor Accident Claims Tribunal, Additional District Judge, Re-designated Court, Paschim Medinipur in MAC Case No. 189 of 2012, under Sec. 166 of the Motor Vehicles Act. A cross appeal has preferred by the claimants.

(2.) THE FACTS:-

(3.) O.P./Insurer/National Insurance Company Ltd. was the sole contestant in the claim case, challenging the maintainability of the case on various technical grounds and denying the allegation of the claim petition. O.P./Insurer contended that it has no liability to pay compensation as the accident occurred due to contributory negligence on the part of deceased himself.