UNITED INDIA INSURANCE COMPANY LTD. Vs. SUVIJA

JUDGEMENT

(1.) The 2nd respondent-insurance company before the Motor Accidents Claims Tribunal, Attingal, in O.P. (MV)No. 1120/2006 is the appellant herein, challenging the award. The respondents 1 to 3 were the claimants 1, 2 and 4 before the Tribunal. The 3rd claimant died after the award and hence not made a party in this appeal. In the present appeal there is no challenge against the finding of the Tribunal on the aspect of the negligence on the part of the driver of the vehicle which was insured with the appellant company. In other words, the appellant is not disputing their liability for payment of the compensation for which the claimants are entitled.

(2.) Main challenge in this appeal is based on a contention that the amount awarded under different heads are excessive. Further contention is against the stipulation for payment of higher rate of interest at 12%, after a period of two months from the date of the award.

(3.) Heard the standing counsel appearing for the appellant and the learned counsel appearing for respondents 1 to