NATIONAL INSURANCE CO LTD Vs. LAKHI DEVI

JUDGEMENT

(1.) This appeal by the insurance company is directed against the judgment and award dated 19.6.2002, passed by the First Addl. District Judge-cum- Motor Accidents Claims Tribunal, Bermo at Tenughat, whereby he was awarded a sum of Rs. 1,80,000 to the claimants and directed the appellant insurance company to pay the aforesaid amount.

(2.) The facts of the case lie in a narrow compass: The claimants who are the heirs of the deceased, filed the claim application alleging, inter alia, that the deceased, Ratan Prasad Soren, while going on his cycle, was dashed by a truck bearing registration No. BHO 1177 as a result of which the deceased sustained head injury and also injuries on other parts of his body. Because of the said injuries, the deceased died on the spot.

(3.) The respondent owner of the vehicle appeared in the said claim case and filed written statement denying the averments made in the claim petition. He has stated that the vehicle in question was insured with the appellant insurance company vide policy No. 170401/49386-B which was valid from 1.12.1995 to 30.11.1996.