URF 9761 from Saharanpur to Sarsawa, a truck bearing registration No.
PIJ 5166 belonging to Border Security Force in short the BSF dashed against the said vehicle resulting in serious injuries on the body of the deceased.
The appellant insurer companytested the claim petition inter alia taking the stand that the companypensation as claimed was high and exorbitant.
The High Court did number accept the stand primarily on the ground that numbersuch plea was taken specifically in the written statement.
He succumbed to the injuries at the SDB Hospital Saharanpur.
The claim petition was filed on the basis that on 1.5.1991 while Abdul Hamid hereinafter referred to as the deceased was traveling by Matador No.
Dr. ARIJTI PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of the Division Bench of the Allahabad High Court dismissing the appeal filed by the present appellant hereinafter referred to as the insurer .
Factual position which is almost undisputed is essentially as follows An appeal was filed questioning the companyrectness of the Award made by the Motor Accident Claims Tribunal, Saharanpur hereinafter referred to as the MACT wherein a sum of Rs.1,20,000/ was awarded as companypensation.
