K.S. Rathore, J. - (1.) THE appellant New India Assurance Company Ltd. has preferred the instant civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 against the impugned judgment/Award dated 09.08.2002 passed by the Motor Accident Claims Tribunal, Sikar (for short 'the tribunal') in Claim Petition No. 219/1998, whereby compensation to the tune of Rs. 1,73,400/ - has been granted in favour of the claimants/respondents Nos. 1 and 2 along with interest @ 9% per annum from the date of institution of the claim petition i.e. 24.08.98 till its actual payment.
(2.) THE main challenge to the impugned Award by the appellant Company is on the ground that the Tribunal failed to consider that prima -facie burden to prove that the offending truck stood insured with the appellant Company lay on the shoulder of the claimants. It is further averred that as per the alleged cover note it was issued from Kohima office of the appellant Company, but in the cross examination AW1 Kunj Bihari Joshi has stated that he cannot say about the genuineness of the cover note which was issued from the Kohima office. The appellant Company also raised several factual as well as legal objections.
(3.) I have heard rival submissions of the respective parties and carefully gone through the relevant record as also the impugned Award dated 09.08.2002 passed by the Tribunal. I have also considered the objections raised on behalf of the respective parties.;