ORIENTAL INSURANCE COMPANY LTD Vs. SUDAMATI SAHEBRAO NIRMAL

JUDGEMENT

(1.) The appellant - Insurance Company has challenged the judgment and award dtd. 3/1/2003 passed by the Motor Accident Claims Tribunal, Parbhani (hereinafter referred to as "the learned Tribunal" for short) in Motor Accident Claim Petition No. 541 of 2001, whereby the learned Tribunal has awarded total compensation of Rs.6,22,000.00 alongwith interest @ 9% p.a. from the date of petition till its realization to present respondent Nos.1 to 4 - original claimants under Sec. 163-A of the Motor Vehicles Act.

(2.) It is to be noted here that, though the appellant - Insurance Company has fled this appeal but they have accepted the liability of compensation of Rs.4,07,000.00, calculated as per the Second Schedule under the aforesaid Sec. of the Motor Vehicles Act.

(3.) Learned Counsel for appellant - Insurance Company submits that, the Insurance Company has challenged the impugned judgment mainly on the following two grounds :-