BINU RAM Vs. ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) THIS appeal by the claimant under Section 173 of the Motor Vehicles Act, is directed against the award of the Motor Accident Claims Tribunal (II), Mandi in Claim Petition No. 76 of 2001 decided on 27.11.2003.

(2.) THE facts necessary for disposal of the case are that admittedly the claimant Binu Ram met with an accident involving Car No. DAV-125 on 2.5.1999. The finding on the issue of negligence has not been challenged before me. The only questions to be decided are with regard to the quantum of compensation and the liability of the Insurance Company, if any, to pay the compensation.

(3.) THE owner did not deny the accident, though negligence on the part of the driver was denied. The owner also averred that the vehicle was insured and the liability, if any, was that of respondent No. 3 Insurance Company to pay the compensation.