NATIONAL INSURANCE COMPANY LTD Vs. KUSUM

JUDGEMENT

(1.) THIS is an appeal of the National Insurance company Ltd. arising out of the judgment and award dated 28th April, 2007 passed by the concerned Motor Accident Claims Tribunal, Muzaffarnagar.

(2.) THE fact remains that on 16th April, 2007 one Puneet Agrawal while travelling as pillion rider on a scooter No. U. P.-10-B/0188 driven by his friend sri Sanjay Kumar collided with a truck bearing No. U. R. M.-3145 and ultimately died. He was friend of Sri Sanjay Kumar who was driving the scooter.

(3.) A claim petition was filed by the claimants for a sum of Rs. 12,10,000/-alongwith interest etc. under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" ). However, compensation was awarded by the Tribunal only for a sum of Rs. 2,19,900/- to be shared 50% each alongwith the interest both by the insurance companies of the vehicle i. e. scooter insured under National Insurance Company Ltd. and the truck insured under Oriental insurance Company Ltd.