Satish Chandra, J. - (1.) Present appeal has been filed by the appellant-Insurance Company under section 173 of the Motor Vehicle Act, 1988, against the judgment and order dated 28.03.2003, passed by the Motor Accident Claim Tribunal, Sitapur in Claim Petition No.73 of 2001 (Pawan Kumar v. Manga & others).
(2.) The brief facts of the case are that on 16.12.2000, at about 4.00 p.m., the claimant Sri Pawan Kumar was driving his jeep bearing number H.R. 26/F-0405 to Sitapur. When he reached near village Mahsu Miyaganj, from the opposite direction, a truck bearing number U.H.Q. 899 was coming, whose driver was driving it rashly and negligently collided with the jeep of claimant. The jeep was badly damaged. The claimant-respondent has filed a claim petition before the Tribunal, who after examining the entire evidence, has awarded a compensation of Rs.1,12,000/-. Being aggrieved, the appellant-insurance company has filed the present appeal.
(3.) With this background, Sri Waquar Hashim, learned counsel for the appellant-insurance company submits that due to the accident, the truck which caused the accident was insured by the appellant-insurance company. In the breach of the insurance policy condition, the company does not liable to pay any compensation. The accident took place due to negligence driving of the jeep. The compensation awarded by the Tribunal is merely on assumption and presumption. The claimant never informed the insurance company, so, the accident is doubtful. He further submits that while entertaining a defective claim petition, the driver of the truck and insurance company of the jeep were not made necessary parties in the claim petition. No opportunity of hearing was given to the truck driver. Lastly, he made a request that the impugned order may kindly be set aside.;