NATIONAL INSURANCE COMPANY LTD NALANDA Vs. MEENA KUMARI

JUDGEMENT

(1.) Heard Sri Ashok Priyadarshi, learned counsel for the appellant/National Insurance Company Ltd., Sri Shambhu Sharan Singji, learned counsel, who has appeared on behalf of Respondent Nos. 1 and 2 and Sri Binod Kumar, learned counsel appearing on behalf of Respondent No. 3/owner of the offending vehicle.

(2.) The present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the M.V. Act") has been preferred against the Judgment and Award dated 20.8.2008 passed by the learned District Judge-cum-Motor Vehicle Accident Claim Tribunal, Nalanda at Biharsharif (hereinafter referred to as "the Claims Tribunal") in Claim Case No. 59 of 2007. By the impugned Judgment and Award, the learned Claims Tribunal has directed the insurer of the offending vehicle to pay the total compensation amount of Rs. 2,29,500/-, which includes the funeral expenses etc.

(3.) Sri Ashok Priyadarshi, learned counsel for the appellant has tried to assail the order only on the plea that it was a case of contributory negligence, but the learned Claims Tribunal has incorrectly allowed the claim petition directing the appellant to pay the entire compensation amount.