J U D G M E N T

The instant appeal, under Section 173 of the Motor Vehicles Act, 1988, has been maintained by the appellant/Insurance Company (hereinafter Whether reporters of Local Papers may be allowed to see the judgment ?

referred to as the 8Insurance Company9) against the respondents/claimants/petitioner (hereinafter referred to as 8petitioners9) for quashing and setting aside impugned award, dated 10.08.2018, passed in MAC Petition No. 10-T/2 of 2014 by learned Motor Accident Claims Tribunal- CBI, H.P. (Camp at Theog), whereby petition filed under Section 166 of the Motor Vehicle Act, has been allowed and the appellant has been held liable for the compensation.

2. As per the appellant, the impugned award passed by the learned Court below is against the facts, which have come on record, without application of mind and without considering the question of maintainability of the appeal, as the driver was not negligent in driving the vehicle.

3. Brief facts giving rise to the present appeal are that on 12.05.2013, the petitioner was traveling in the vehicle, bearing registration No. HP13-2140 (Santro Car), and Smt. Sunita boarded the same from Kandaghat to Rohru. It has been averred t