DIVISIONAL MANAGER NATIONAL Vs. SAMJIDA KHATUN

JUDGEMENT

(1.) An award under Section 140 of the Motor Vehicles Act, 1988 having been passed against it, the insure has filed this appeal.

(2.) MOHAMMED Khorsid was killed in a road accident on 5.3.1995. His parents filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (in short, 'the Act') claiming compensation from the owner and the insurer of the offending vehicle. They also filed an application under Section 140 ibid claiming Rs. 50,000/ - on the basis of no -fault liability.

(3.) THE claimant No. 1, Amamul Haque examined himself as P.W. 1 and also filed copy of F.I.R., post -mortem report and the seizure list which disclose the number of the driving licence that was seized from the driver of the offending vehicle. No evidence in rebuttal was adduced by the apposite parties.