(O&M)Vijay v. United India Ins. Co. Ltd & ORS
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The present appeal has been filed by the appellant/driver of the offending vehicle against the award dated 31.05.2010 passed in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal, Bhiwani (for short, 'the Tribunal'), wherein the appellant/driver of the offending vehicle was fastened with the liability to pay the compensation of Rs.35,000/- to the claimant/respondent No.2 along with interest @ 6% per annum from the date of filing of claim petition till recovery.
BRIEF FACTS OF THE CASE 2.
Brief facts of the case are
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Upon notice of the claim petition, respondents therein appeared and contested the claim petition by filing separate written statement denying the factum of accident/compensation.
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From the pleadings of the parties, the Tribunal framed the following issues:-
"i) Whether the accident in question took place due to rash and negligent 1 while driving of respondent No. driving vehicle No. HR-39-5406 and due to which petitioner received injuries?OPP ii) If issue No. 1 is proved, whether the petitioner is entitled to receive compensation, if so, how much and from whom?OPP iii) Whether the petition maintainable in the present from?OPP iv) Whether the respondent/owner violated the terms and conditions of insurance policy? OPP Insurance Company. v) Whether the respondent/ driver has a valid and effective driving licence at the relevant time in question OPP vi) Relief."
% Thereafter, both the parties led their evidence in support of their respective pleadings.
6.
After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded compensation to the claimant/respondent No.2. However, the appellant/driver was held liable to pay compensation. Hence, the present appeal.
SUBMISSIONS OF LEARNED COUNSEL FOR THE PARTIES: ;
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Per contra, learned counsel appearing for the respondent No.1Insurance Company supports the award passed by the learned Tribunal and prays for dismissal of the appeal.
10.
I have heard learned counsel for the parties and perused the whole record of the case with their able assistance. 11.
Before proceeding further it is apposite to reproduce the relevant portion of the award. The relevant portion is reproduced as under:-
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