UNITED INDIA INSURANCE CO LTD Vs. KUNTA DEVI

JUDGEMENT

(1.) United India Insurance Co. Ltd. (hereinafter referred to as 'the insurer') has filed the present appeal assailing the award dated 3.3.2004 passed by the Motor Accidents Claims Tribunal, Hamirpur, H.P. in M.A.C. Petition No. 43 of 2002, titled as Kunta Devi v. Pawan Kumar.

(2.) On 17.2.2002 an accident took place between two vehicles (bus No. HP 28-2711 and scooter No. HP 22-1498). The scooter was being driven by the deceased Amin Chand and the bus owned by the government was being driven by Kamlesh alias Kamal Singh, respondent No. 5 herein. In the said accident, Amin Chand sustained injuries, was medically treated but however died subsequently. His legal heirs filed a claim petition under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').

(3.) Based on the pleadings of the parties, the Tribunal framed the following issues: