NEW INDIA ASSURANCE CO LTD Vs. ISRAEL @ ILIYAS

JUDGEMENT

(1.) INSTANT appeal has been preferred against the impugned award dated 31.03.2012, whereby, ld. Tribunal has awarded a sum of Rs.1,45,000/ - as a compensation with interest @ 7.5% per annum on the said amount from the date of filing the claim petition till realization.

(2.) MS . Minakshi Midha, ld. Counsel appearing on behalf of the appellant has argued that instant appeal has been filed mainly on the ground that the offending vehicle was insured with the appellant as a private vehicle whereas at the time of the accident, the said vehicle was carrying children, thus being used as a commercial vehicle.

(3.) LD . Counsel further submits that in reply to Para 16 and 18 in their written statement filed before the ld. Tribunal it was specifically stated as under: