- (1.) The present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 10th March, 1995 passed by the Motor Accident Claims Tribunal, Barabanki in Claim Petition No. 21 of 1991. The brief facts of the case are that on 7th August, 1990, at about 7.00 p.m. the deceased Ali Zafar Rizvi was going on his motorcycle No. UGI 6733 from Lucknow to Barabanki. When he reached near Alapur bridge, a Truck bearing No. UTC 9507, which was being driven by the driver rashly and negligently, hit the deceased. The deceased suffered injuries, so he was admitted in King George's Medical College, Lucknow, where he died after two days. The Tribunal has awarded a compensation of Rs. 2,85,500/- alongwith interest against the appellant-Insurance Company. Being aggrieved, the Insurance Company has filed the present appeal.
(2.) Sri Tarun Kumar Misra, learned Counsel for the appellant submits that the truck in question was insured in favour of the defendant-respondent No. 5. The truck was being driven in a rash and negligent manner, and therefore, the owner of the truck was also liable to pay compensation. According to him, no information was furnished to the Insurance Company regarding the accident. The Tribunal has wrongly relied upon the Indian Evidence Act, which is not applicable in the present case. He further submits that the quantum of compensation is also on higher side. The interest @ 12% per annum was also given, which was enhanced to 18% and the same is on higher side. So, he made a request that the impugned order may kindly be set aside.
(3.) On the other hand, Sri Rajendra Jaiswal, learned Counsel for the respondent No. 5 justified the impugned order.;