- (1.) This F.A.F.O arises out of an award/judgment dated 30.10.1999, passed by Presiding Officer, Motor Accident Claims Tribunal, Raebareli, holding appellant insurer Company liable to pay a compensation of Rs. 2,04,000/- to claimants.
(2.) Insurer Company has come in appeal questioning quantum of compensation and is also contesting on the point of contributory negligence.
(3.) During the course of hearing, Learned Counsel for appellant insurer Company did not find any material to show that insurer had filed an application under Section 170 of Motor Vehicles Act before the Tribunal and earned any order in respect thereof. On a careful reading of award, we noticed that appellant insurer Company actively participated in trial and submitted materials collected through its investigating agency. Tribunal, after examining the evidence on record, came to conclusion that there was no breach of any condition of policy by owner of vehicle and, therefore, fastened liability on insurer company to pay compensation. As there is no reference to filing of an application under Section 170 of the Act, nor there is any instruction to Learned Counsel to say so, nor is there any defect in the award, which appears to be quite reasonable, we are not inclined to interfere with it.;