NATIONAL INSURANCE CO LTD Vs. CHANDER JOTA

JUDGEMENT

(1.) NATIONAL Insurance Company Limited has filed this appeal under section 173 of the Motor Vehicles Act, 1988 against the award dated 5-5-2006 of Motor accidents Claims Tribunal, Reasi, awarding an amount of Rupees Five lac seventy one thousand to the wife and five minor children of one Nagender, aged 40 years, who died in a motor vehicular accident on 20th of December, 2004 while walking on the road side when he was hit by Tractor No. JK02d-5242 driven by Tilak Raj. This Tractor was insured with the Appellant-Insurance Company.

(2.) THE claim lodged by the claimants was contested only by the appellant because the owners driver of the vehicle Were set exparte. In order to decide the rival contentions, the Tribunal framed five issues, which reads thus :

(3.) THE claimants led their evidence whereas the appellant, did not opt to lead evidence to rebut the cases set up by the claimants.