SUNITA Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) APPELLANTS non -claimants have preferred this appeal under Section 173 of the Motor Vehicles Act (for short, 'Act of 1988') challenging the impugned judgment and award dated 7th of April 2012, passed by the Motor Accident Claims Tribunal, Raisinghnagar, District Sri Ganganagar (for short, 'learned Tribunal').

(2.) THE learned Tribunal, while adjudicating the claim of respondent claimants under Section 166 of the Act of 1988 in Claim Case No. 25 of 2006, awarded compensation to the tune of Rs. 4,41,500 for death of Mr. Banwarilal in the motor accident. Although offending vehicle was insured with the first respondent Insurance Company but the learned Tribunal has exonerated it from liability to pay compensation and fastened the liability to pay compensation on appellants non -claimants.

(3.) THE learned counsel has made endeavor to remove defect No. 2 but defect No. 1 is not cured. On 7th January 2014, three weeks' time was allowed to the learned counsel for the appellants for removal of defects. Again on 25th of March 2014, two weeks' time was allowed for doing needful. Lastly, on 18th August 2014, opportunity of 10 days was allowed to the learned counsel for the appellants for removing defect No. 1, however, defect No. 1 has not been removed till date.