- (1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant The Oriental Insurance Company Ltd. against the award dated 26.11.2013 passed by the Motor Accident Claims Tribunal awarding a sum of Rs.5,87,000/- to the claimants with 7% simple interest p.a. from the date of the filing of the claim petition. The liability to indemnify the said compensation has been saddled upon the appellant-insurance company as the offending vehicle was covered under a policy issued by it.
(2.) We have heard Sri S.C. Srivastava, learned counsel for the appellant-insurance company and Sri Ram Singh, learned counsel for the claimant-respondents No.1 to 4. The respondents No.5, 6 and 8 were unrepresented despite deemed service of notice, whereas respondent No.7 was represented by Sri A.B. Singh, Advocate who had not turned up.
(3.) Learned counsel for the appellant-insurance company had made the following two submissions: (1) The riders of the motorcycles had also contributed to the negligence as there were three persons on it; and (2) The tanker involved in the accident was a gas tanker and the driver of the said vehicle had no licence to drive a hazardous goods vehicle, therefore, the liability to indemnify would not rest upon the appellant-insurance company. ;