NATIONAL INSURANCE CO LTD Vs. KHUSWANTI

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') is directed against the judgment and award dated 19.11.1999, passed by the Motor Accidents Claims Tribunal/District Judge, Uttarkashi (in short 'the Tribunal') in Motor Accident Claim Petition No. 33 of 1996, Khuswanti v. Nag Chandra Ramola, whereby compensation of Rs. 85,000 has been awarded in favour of the claimant along with interest at the rate of 12 per cent per annum from the date of accident against the appellant insurance company.

(2.) Relevant facts are that the claimant Khuswanti preferred claim petition under section 166 of the Act for compensation of Rs. 3,17,400 in respect of injuries suffered by her in a motor vehicle accident on 3.12.95 involving truck No. 08-1435 near Chinyalisaur on Tehri-Uttarkashi Road, due to rash and negligent driving by its driver. O.P. No. 1 was the driver of the said truck. The claimant was admitted in District Hospital, Uttarkashi.

(3.) The appellant insurance company contested the claim petition contending that there was no fault of the truck driver and the accident occurred due to technical fault. It was also asserted that there was violation of insurance policy as 11 passengers were boarded on the alleged truck. The owner of the vehicle also filed his written statement admitting the ownership of the truck, but pleaded that he had sold the same on 25.11.1994 to one Ganesh Nautiyal, hence he was not liable for compensation.