J.R. Goyal, J. - (1.) Aggrieved by the award passed by the Motor Accident Claims Tribunal, Kishangarh, Ajmer dated 26.11.2002 in claim application No. 138/1999 National Insurance Company Ltd., has filed this appeal.
(2.) Background facts in nut shell are that present respondent No. 1-Sunil Sen filed the claim petition u/s. 166 of the Motor Vehicles Act, 1988 claiming compensation from the present appellant-M/s. National Insurance Company Ltd. respondent No. 2-Safruddin and respondent No. 3-Sharif Mohd. respectively driver and owner of the Auto-Rikshaw bearing No. RJ-01-P-2036 involved vehicle in the accident. According to the claimant-respondent No. 1-Sunil Sen, on 7.6.1999 at about 11.50 a.m. when he was travelling in an Auto - Rikshaw bearing No. RJ-01-P-2923, another Auto - Rikshaw bearing No. RJ-01-P-2036 which came from the opposite direction, hit the Auto - Rikshaw in which the claimant was travelling. As a result of this accident he suffered serious injuries on his person which resulted into 12% permanent disability. It was also alleged that Auto - Rikshaw bearing No. RJ-01-P-2036 coming from opposite direction was solely negligent.
(3.) Respondent No. 1 - Safruddin and respondent No. 2-Sharif Mohd. respectively did not file any reply and expert proceedings were initiated against them. The appellant-non-claimant-Insurance Company filed reply in which it was averred that Auto - Rikshaw No. RJ-01-P-2036 was insured with the ensuing Insurance Company but it was pleaded that on account of breach of condition of the insurance policy, Insurance Company is not liable for any compensation.;