- (1.) These appeals have been filed by the Uttar Pradesh State Road Transport Corporation (for short, "Corporation") challenging the orders dated 18.07.2017 and 03.12.2009 whereby the appeal filed by the first respondent-National Insurance Co. Ltd. (for short, "Insurance Company") has been disposed of in terms of judgment and order dated 18.09.2009 passed by the High Court of judicature at Allahabad, Lucknow Bench, in F.A.F.O. No. 199 of 2001 and batch of matters.
(2.) The appellant-Corporation had hired a bus bearing No.UP32T/1459 from respondent no.9 under a written contract dated 20.05.1998. The said bus was duly insured by respondent no.9 with the Insurance Company vide Cover Note No.015425 dated 25.02.1998, for the period 28.02.1998 upto 27.02.1999. On 25.08.1998 a fatal motor vehicle accident took place involving the said bus which resulted in the death of Rajitram @ Raju. A claim petition bearing MACT NO.161/70/98 was filed by the legal heirs of the deceased before the Motor Accident Claim Tribunal, Bahraich, Uttar Pradesh. The Corporation filed its written statement bringing on record the contract entered into between the Corporation and the bus owner as well as the factum of insurance of the bus with the Insurance Company. The Insurance Company filed its response admitting the existence of the Insurance Policy with respect to the said bus during the relevant period.
(3.) The M.A.C.T., on appreciation of the materials on record, by an Award dated 30.11.2006 held that the Insurance Company is liable to pay compensation of Rs. 1,82,000/- with interest at the rate of 6% per annum to the claimants.;