NATIONAL INSURANCE COMPANY LTD. Vs. SEEMA

JUDGEMENT

(1.) THIS misc. appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter 'the 1988 Act') has been filed by the appellant - -insurance company against the award dated 19 -2 -2014 passed by the Motor Accident Claims Tribunal, Alwar (hereinafter 'the claimant'). Thereby the Tribunal has awarded to the respondents - -claimants (hereinafter 'the claimants') compensation for a sum of Rs. 7,01,000/ - along with interest at the rate of 7.5% from 27 -4 -2009, i.e. the date of filing the claim petition till the date of payment.

(2.) HEARD learned counsel for the appellant insurance company and perused the impugned award dated 19 -2 -2014.

(3.) THE claim petition was opposed by the respondents driver and owner of the tractor in question, as also by the appellant insurance company - -the insurer of the offending vehicle. It was submitted that tractor in question was stationary when the motor cycle dashed with the same. Negligence was attributed to the person riding the motor cycle. Dismissal of the claim petition was sought.