ORIENTAL INSURANCE CO. LTD Vs. SUNIL KUMAR

JUDGEMENT

(1.) THE Appellant Oriental Insurance Co. Ltd. impugns a judgment dated 09.12.2010 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby while awarding a compensation of Rs.27,48,755/- in favour of the Respondents No.3 and 4, the Appellant Insurance Company was directed to satisfy the award and recover the compensation from the Respondent No.1 owner of the offending vehicle No.DL-2CL-9190 involved in the accident.

(2.) THE finding on negligence is not challenged by the Appellant Insurance Company. The owner and the driver, that is, the Respondents No.1 and 2 have not filed any Appeal to challenge the finding on negligence, quantum of compensation or even the recovery rights granted against the owner.

(3.) ON the other hand, it is urged by the learned counsel for the Respondents (Claimants) that the quantum of compensation awarded is just and reasonable and the Appellant was under obligation to perform its statutory liability to pay the compensation to the third party and was not entitled to be exonerated.