- (1.) THIS appeal, under Section 173 of the Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 6-9-2002, passed by Mo tor Accident Claims Tribunal/ District Judge, Rudraprayag, in MACP No. 37/ 2001.
(2.) BRIEF facts of the case, giving rise to this appeal, are that Cyan Lal used to carry goods from Gaurikund to Shri Kedarnath after loading the same in the mules. On 12. 5,2001 at about 6. 30 RM. his mule was tied by the side of the road at Syalpani, new Bus Station, Gaurikund. The driver of Bus No. U. G. Y. 8735 came there in a rash and negligent manner and overturned the bus, due to which the mule was crushed by the bus and died at the spot. The Tarpaulin worth Rs. 15. 00/-, saddle z worth Rs. 5000/-, two umbrellas worth Rs. 2,00/-, Sunde of mules worth Rs. 3,00/-, wear ing clothes worth Rs. 5,00/- and two bags of straw kept inside the thatch (Chappar) were also damaged. Accord ing to claimant, the mule was purchased by him at the cost of Rs. 40,000/- and he was earning Rs. 22,000/- per month from the said mule. He used to spend Rs. 6,000/- per month on the food of the mule. Therefore, he filed claim petition to the tune of Rs. 3,57,860/- in lieu of death of the mule and damages to other goods. The opposite party No. 1, United India Insurance Company filed the writ ten statement alleging therein that none of the party has informed the insurance company of the accident, hence, the ac cident could not be investigated. The In surance Company also alleged that the registration, permit, and fitness certificate of the offending bus have also not been checked and verified and the claim pe tition is liable to be dismissed. The opposite party No. 2, owner of the offending bus also filed his writ ten statement and alleged that the ac cident has occurred due to some me chanical defect of the vehicle. He also alleged that at the time of accident the bus was having valid insurance, registra tion, fitness etc and the driver was pos sessing valid driving license.
(3.) THE learned Tribunal on the pleadings of parties, framed relevant is sues in the claim petition. THEreafter, parties adduced evidence in support of their case. THE learned Tribunal, after hearing learned counsel for the parties and considering the material on record, awarded a sum of Rs. 25,000/- as com pensation along with an interest @ 9% per annum from the date of filing the petition till the actual date of payment against the United India Insurance Company. Feeling aggrieved the United In dia Insurance Company has preferred this appeal, before this Court.;