U. C. MAHESHWARI, J.

( 1 ) BEING aggrieved by award dated 31. 8. 2004 passed by First additional Motor Accidents Claims Tribunal, betul (hereinafter referred to as 'the tribunal'), in M. V. C. Case No. 30 of 2004, whereby Rs. 1,72,200 along with interest at the rate of 9 per cent per annum has been awarded against the appellant and in favour of respondent No. 1, insurer appellant has preferred this appeal.

( 2 ) THE facts giving rise to this appeal are that on 3. 1. 2004, claimant-respondent no. 1 was travelling in a Tempo Trax bearing registration no. MP 28-H 1527, from pathakheda to Multai. When Tempo Trax reached near Labhsingh Dhaba, Fansigarh mazar and crossing a small bridge at that time a truck bearing registration No. MP-22 4295 came from opposite side in a rash and negligent manner driven by respondent no. 2 and collided with said Tempo Trax, resultantly, respondent No. 1 got injured and received injuries on head, right thigh, leg and hip. During that period respondent no. 3 was the registered owner of the said truck while the same was insured with appellant.

( 3 ) THAT, this incident was reported to the police. On registration of the offence, after investigation responden

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