A.N.Verma, J. - (1.) This appeal has been filed by the insurer under Sections 110D of the Motor Vehicles Act, 1939, against an award given by the Motor Accidents Claims Tribunal, Meerut, whereby a sum of Rs. 32,134 has been awarded as compensation to the claimant-respondent who is the widow of one Sri S. P. Gupta who admittedly died in the accident giving rise to this appeal.
(2.) The assertions made by the claimant were that her husband, S.P. Gupta, was coming on a scooter from Ghaziabad near Dasna town when he was struck by a truck owned by respondents Nos. 2 and 3 and insured with the appellant as a result of which the deceased fell down and eventually succumbed to the injuries. The accident, according to the claimant, occurred on account of rash and negligent driving of the truck. A sum of Rs. 50,000 was claimed by the respondent as compensation against the appellant as well as the owner of the truck.
(3.) The claim was contested by the appellant as well as the owner and driver of the truck who denied that the accident was caused by any rash or negligent act on the part of the driver of the truck. They also disputed the quantum of compensation claimed by the respondent,;