NUR MOHAMAD Vs. NURE ALI

JUDGEMENT

(1.) This appeal, under Section 173 of Motor Vehicle Act, 1988, read with Article 227 of the Constitution of India, is directed against the judgment and order dated 14.5.2007 passed by learned Member Motor Accidents Tribunal, Dhemaji, in MAC Case No. 32/2005, whereby an award of an amount of Rs. 55,000/- with interest @ 6% per annum, was made in favour of the claimant, directing payment of the award by the owner of the vehicle bearing No. AS-22/1419 (Scooter), instead of the Insurance Company (Respondent No. 2). The facts leading to filing this appeal may be stated in brief as follows:

(2.) Both the opposite parties entered appearance and filed their written statement in defence. The appellant as opposite party No. 1 contested the claim stating in his written statement that the claim was vexatious, false and concocted and the same was filed only to harass him with a mala-fide intention. He denied driving of the vehicle rashly and negligently and causing hurt to the victim. He further contended that his vehicle at the relevant time was duty insured with the United India Insurance Company under policy No. 130702/31/05 dated 20.4.2003 for the period from 20.4.2003 to 19.4.2004. The opposite party No. 2, United India Insurance Company also filed a written statement against the claim of the victim.

(3.) Upon hearing pleadings of the parties, learned Claims Tribunal framed the following issues, for just decision of the claims case.