RAVINDER KUMAR Vs. NEW INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) Instant appeal has been filed by the appellant / owner of the offending vehicle against the impugned award dated 14.10.2009 whereby ld. Tribunal awarded an amount of Rs.5,59,214/- with interest @ 7.5% from the date of filing of the petition till the date of realization minus the amount of interim compensation, if any, paid to the claimants in past.

(2.) While passing the impugned award, ld. Tribunal opined that all the respondents (therein) are jointly and severally liable, but since the vehicle being insured, the liability for making the payment will be that of the insurance company. However, the insurance company has been given right to recover the amount in view of the discussion in the award either from the respondents no. 1, 3 and 4 (before Tribunal).

(3.) Being aggrieved, instant appeal has been filed by two appellants i.e. respondent nos. 1 & 3 before Tribunal.