N.N. Mithal, J. - (1.) This is an appeal against the award of the Motor Accidents Claims Tribunal, Varanasi, under Section 110 of the Motor Vehicles Act at the instance of New India Assurance Co. with whom the truck involved in the accident was insured.
(2.) In brief, the facts are that on June 2, 1973, at about 2 p.m. mini bus No. USM 3377 met with an accident with truck No. UTV 2995. The mini bus was severely damaged in the said accident and the owner preferred a claim under Section 110 of the said Act claiming a sum of Rs. 48,000 by way of compensation for the damage caused to the property.
(3.) The claim petition was contested and the Tribunal awarded a sum of Rs. 38,000 against the appellant on the basis of the offer made by the assurance company itself to pay a sum of Rs. 38,000 to the claimant.;