NEW INDIA ASSURANCE CO. LTD. Vs. SEEMA BHUP

JUDGEMENT

(1.) BY virtue of this judgment, we propose to dispose of the above noted appeal and cross objections arising out of award dated 5.10.1985 of the learned Motor Accidents Claims Tribunal, Shimla, hereinafter referred to as 'the Tribunal', made under Section 110 A, Motor Vehicles Act, 1939.

(2.) IN an accident which took place on 14.6.1981 at about 3.30 p.m. in the Park area of Khalini, involving truck No. HPS 2374, grievous bodily injuries were sustained by respondent No. 1, Seema Bhup, hereinafter referred to as 'the claimant'.

(3.) THE claimant approached the learned Tribunal under Section 110 A, Motor Vehicles Act, 1939, seeking compensation to the tune of Rs. 2,50,000/ for the bodily injuries sustained by her in the accident. Respondent Nos. 2 and 3 are the owner and driver respectively of the truck HPS 2374, while the appellant is the insurer thereof. They are being referred accordingly hereinafter.