NATIONAL INSURANCE CO LTD Vs. GHOGAN DEVI

JUDGEMENT

(1.) This is an appeal filed by the appellant insurance company under section 173 of the Motor Vehicles Act, hereinafter to be referred as 'the Act', against the award of learned Motor Accidents Claims Tribunal, Bilaspur, dated 15.9.1999, vide which the petition filed by the respondent Nos. 1 to 3 under section 166 of the Act was allowed and the appellant insurance company, who was the respondent No. 2 before the learned Tribunal was directed to deposit the compensation amounting to Rs. 3,59,000 in favour of the claimants along with interest.

(2.) Aggrieved by the award passed by the learned Tribunal directing the appellant to pay the amount, the appeal has been preferred by the insurance company.

(3.) Briefly stated, the facts of the case are that the respondent Nos. 1 to 3 filed a petition under section 166 of the Act for grant of compensation in regard to the death of Sukh Dev, who died in a scooter accident that took place on 16.9.1996. The respondents being the widow and sons of the deceased had filed the claim petition, which was allowed by the learned Tribunal as mentioned above. The liability was fastened upon the insurance company.