Mahendra Dayal, J. - (1.) The appellant Oriental Insurance Company Ltd. has challenged the award dated 25.11.2010, passed by the Motor Accident Claims Tribunal/ Additional District Judge, Lucknow, in Claim Petition No. 144 of 2007, whereby the claimants- respondents have been found entitled to get Rs. 1,52,000/- as compensation along-with interest @ 6% per annum from the date of filing of the petition. The liability to pay compensation has been fixed upon the Insurance Company who was directed to make payment within 30 days.
(2.) The facts in brief are that the deceased Km. Raj Kumari, daughter of claimant- respondent aged about 17 years, met with an accident on 20.3.2007 at 7.00 A.M. when she was going with her brother on his Motor Cycle No. 4832 BX 7293 to appear in the examination. When they reached at Husadia Crossing, a roadways bus bearing Registration No. UP 32 BN 1322 which was being driven by its driver rashly and negligently, hit the motorcycle, as a result of which both of them received injuries. They were taken to Civil Hospital, Lucknow where Km. Rajkumari was declared dead. The FIR of this case also lodged which was also registered at Crime No.202 of 2007.
(3.) The appellant contested the claim and filed its written statement, in which it was pleaded that no documentary evidence regarding the accident has been filed The compensation claimed was said to be highly excessive and imaginary. It was also pleaded that mere cover note of the policy will not be sufficient to hold the Insurance Company liable to indemnify the insured unless compliance of Section 64 of the Insurance Company Act is proved. It was also said that the driver of the bus was at no fault.;