ORIENTAL INSURANCE COMPANY LIMITED Vs. MANORAMA

JUDGEMENT

(1.) The appellant/Insurance Company has filed this appeal being aggrieved by the award dated 6.2.2008 passed by Motor Accident Claims Tribunal Gwalior, in Claim Case No.58/2007, whereby the claim of the respondent no.1 regarding death of her husband in a vehicular accident by exonerating the appellant-insurer of offending vehicle, has been awarded against the predecessor of the respondent no.3 for the sum of Rs. 3 Lacs along with interest at the rate of 8% per annum from the date of filing the claim petition with a direction to the appellant to pay such sum to the respondent no.1/claimant first and recover the same from the respondent no.3. As such the appellant has come with this appeal to exonerate the condition to pay the awarded sum to the claimant and then recover from the respondent no.3.

(2.) The facts regarding death of the husband of the respondent no.1 in the alleged vehicular accident and the aforesaid quantum of compensation decided by the Tribunal, is not under dispute between the parties in this appeal so, mentioning the entire facts of the case in this order is not necessary, hence this order is being passed only by stating the facts necessary for adjudication of this appeal.

(3.) Besides the aforesaid factual matrix according to the claim petition of respondent no.1, on the date of the incident the offending vehicle bearing registration no. MP06-B-6122 registered in the name of the predecessor in title of the respondent no.3 namely; Haricharan Lal Gupta, was duly insured with the appellant.