ORIENTAL INSURANCE COMPANY LTD Vs. MUSTT HAZIRA BIBI

JUDGEMENT

(1.) THIS is an appeal preferred under section 173 of the Motor Vehicles Act, 1988, (in short, 'the M. V. Act'), against the award, dated 18-7- 2003, passed, in MAC. Case no. 94/1998, by the learned Member, Motor accident Claims Tribunal, Goalpara. By the award, impugned in this appeal, the learned tribunal has granted to the claimants respondents a sum of Rs. 1,52,000/- as compensation with interest at the rate of 9% per annum with effect from the date of making of the claim application until payment thereof. By the impugned award, the learned Tribunal has further directed the present appellant to make payment of the said amount within two months from the date of making of the order treating the present appellant as the insurer of the offending vehicle. Aggrieved by the award, the insurer has preferred this appeal.

(2.) I have heard Mr. S. Dutta, learned counsel for the insurer-appellant, and mr. K. Basar, learned Counsel forthe claimants-respondents. None has appeared on behalf of the owner of the offending vehicle.

(3.) WHILE considering the present appeal, what needs to be noted that the factum of accident having been caused by a truck, bearing registration No. A. P.-16-9718, is not in dispute. Even the quantum of compensation, awarded in favour of the claimants-respondents, in dispute. What the appellant disputes is that the vehicle, in question stood insured, on the date of accident, with the appellant-insurer.