LAWS(HPH)-2019-7-21

UNITED INDIA INSURANCE COMPANY LIMITED Vs. SANJIV KUMAR

Decided On July 31, 2019
UNITED INDIA INSURANCE COMPANY LIMITED Appellant
V/S
SANJIV KUMAR Respondents

JUDGEMENT

(1.) By way of this appeal, the Insurance Company has challenged the award passed by the Court of learned Motor Accident Claims Tribunal-1, Kangra at Dharamshala, H.P. in M.A.C.P.(R.B.T.) No.107-K/II/13/10, titled Sanjiv Kumar Versus Rimpi Kumar & others, vide which the claim petition has been allowed by learned Tribunal in the following terms:-

(2.) Brief facts necessary for adjudication of the present appeal are as under:-

(3.) Owner of the car Rimpi Kumar ( impleaded as respondent No.1 in the Claim Petition) contested the petition. Though he admitted that he was owner of the maruti car bearing registration No.HP-40A-2389 and the same was insured with United India Insurance Company Limited (present appellant/ respondent No.3 before the learned Tribunal), however, his defence was that no accident took place on account of rash and negligent driving of the driver.