UNITED INDIA INSURANCE COMPANY LTD Vs. MAYA DEVI

JUDGEMENT

(1.) This appeal has been filed by the United India Insurance Company Limited challenging award dtd. 1/10/2013 passed by the learned Motor Accident Claims Tribunal, Pathankot (hereinafter referred to as, the 'Tribunal').

(2.) Brief facts necessary for adjudication of the case are that, the claimant/respondent No.1 filed a petition under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') seeking compensation on account of the death of Shiv Dayal. It was averred that Shiv Dayal lost his life in a motor vehicle accident which took place on 9/3/2012 due to the rash and negligent driving of TVS Apache motorcycle bearing registration No.PB-35-P- 6678 being driven by respondent No.2-Veeru Lal. Claim petition filed by the claimant/respondent No.1 was resisted by the appellant-insurance Company as well as respondents No.2 and 3, the driver and owner of the offending vehicle by filing separate written statements.

(3.) From pleadings of the parties, the learned Tribunal framed the following issues on 15/10/2014:-