G. P. MATHUR, C. J.

( 1 ) THIS appeal under section 173 of the Motor Vehicles act has been preferred against the judgment and award dated 6. 1. 2002 of the motor Accidents Claims Tribunal/additional Judge, Court No. 19, Meerut, by which the claim petition filed by Brij Pal singh (respondent No. 1) was allowed and appellant insurance company was directed to pay Rs. 1,28,400 as compensation along with interest at the rate of 9 per cent from the date of filing of the claim petition till the date of payment.

( 2 ) THE appeal was heard for admission on 15. 4. 2002 when notice was issued to the respondents and a direction was issued to summon the trial court record. In response to the notice Mr. V. P. Singh Charak and Mr. D. R. Choudhary put in appearance on behalf of Pramod Kumar, respondent no. 2. Thereafter with the consent of the parties, the appeal was finally heard at the admission stage.

( 3 ) BRIJ Pal Singh, respondent No. 1, filed a claim petition on 18. 2. 1998 under sections 140 and 166 of the Motor Vehicles act, 1988 (hereinafter referred to as the Act) impleading Pramod Kumar and national Insurance Co. Ltd. (hereinafter referred to as the insurance company) as opposite parti

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