UNITED INDIA INSURANCE CO. LTD Vs. NENA DEVI

JUDGEMENT

(1.) THE claimant-respondent herein applied under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as "the M.V. Act"), seeking compensation for the death of her son, which, according to the claimant, occurred on 7th November, 2003 at about 11.50 a.m., when claimant's son, namely, Nipendra Singh, aged about 21 years, was proceeding towards Bawngkawn and ran over by the wheels of the public bus bearing registration No. MZ-01/C-1401 at Red Rose, Bawngkawn.

(2.) AS the owner of the said bus did not contest the claim proceeding, the present appellant, as insurer of the said bus, was allowed to contest the claim in terms of Section 170 of the M.V. Act and the insurer accordingly took ail such defences, which were available to the owner of the said bus.

(3.) WE have heard Mr. A.R. Malhotra, learned Counsel for the insurer-appellant, and Mr. S.N. Meitei, learned Counsel for the claimant-respondent.