UNITED INDIA INSURANCE COMPANY LTD Vs. LAKHWINDER SINGH

JUDGEMENT

(1.) This filed by the Insurance Company is directed against the award passed by the learned Motor Accident Claims Tribunal (Adhoc) Fast Track Court, Gurdaspur.

(2.) The learned Tribunal allowed a petition filed under Section 163-A of the Motor Vehicles Act (for short the Act) by granting compensation to the tune of Rs. 3,45, 000/- ( Three lakh forty five thousand only) to the claimants for the death of Savinder Singh son of Naranjan Singh who did due to rash and negligent driving of the driver of the truck bearing registration No. PB-06- 2705. The petition being under Section 163-A of the Act, negligent was not to be proved.

(3.) The appellant/Insurance Company contested the claim petition, on the plea that the petition under Section 163-A of the Act was not competent as at the time of accident the truck was not in use, but was stationary The factum of accident was also denied.