NATIONAL INSURANCE CO. LTD. Vs. MASTER SHAURYA

JUDGEMENT

(1.) The present appeal, preferred by the insurer, under Sec. 173 of the Motor Vehicles Act seeks to assail the award dtd. 29/1/2018 passed by the learned Motor Accidents Claim Tribunal. Vide the impugned award, the learned Tribunal has awarded a sum of Rs.6,79,760.00 with interest @9% per annum as compensation to the respondent nos.1 to 4 towards their claim on account of the death of Ms. Ritu in the fateful motor accident which took place on 13/12/2016.

(2.) At the outset, it may be noted that vide the impugned award, the learned Tribunal has allowed compensation in respect of three claim petitions relating to the death of Smt Seema Devi, her husband Shri Raj Kumar and their minor daughter Ritu. Aggrieved by the quantum of compensation awarded in respect of all the three claim petitions, the insurer has preferred three separate appeals. In all the appeals there is a challenge to the quantum of compensation as also to the rate of interest with which compensation is payable.

(3.) Before dealing with the rival submissions of the parties, I may note in brief the factual matrix of the present case, insofar as is necessary for adjudication of the present appeal.