Kaushal Jayendra Thaker, J. - (1.) The New India Assurance Co.Ltd. has felt aggrieved by the award passed by the Tribunal awarding a sum of Rs.1,55,000/- with 12% rate of interest to the heirs of the deceased, who had filed claim petition no.294 of 1989. Several grounds of challenge have been raised in the memo of appeal. The vehicle insured with the appellant was a truck and the accident took place between the truck and bus of UPSRTC. None has appeared for UPSRTC today.
(2.) The grounds of appeal raised are that the accident was caused due to contributory negligence on the part of both the drivers and the Tribunal has committed an error in holding the truck driver to be the author of the accident. The driver of the vehicle was not having proper driving licence and the rate of interest at 12% is exorbitant.
(3.) The submission that the driver did not have proper driving licence also falls to the grounds as the driving licence of the driver has been produced and it was for the said truck and in absence of anything to the contrary, the said ground is also rejected.;