SURESH Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal by the owner and driver of the offending vehicle, is directed against the impugned part of the award dated 22.1.2009, passed by the learned Motor Accident Claims Tribunal, Karnal (for short the Tribunal) vide which the liability of the Insurance Company was fixed at Rs. 6,000/- (Rupees six thousand only) only by invoking the provisions of Section 147(2) of the Motor Vehicles Act, 1988 (for short the Act).

(2.) The claimant had filed a petition under section 166 of the Act, claiming compensation on account of death and as also injuries caused to the animals belonging to him in motor vehicular accident. The claimant sought compensation on account of vehicular accident which took place on 2.6.2006 within the jurisdiction of Police Station, City Karnal on which 11 sheep and one ram died at the spot, whereas two sheep and two cows sustained injuries.

(3.) The claim was contested by the appellant as also the Insurance Company, by denying the liability, on the plea that the driver of the truck was neither negligent nor driving the truck in a rash and negligent manner.