LAWS(P&H)-2000-8-10

ORIENTAL INSURANCE CO LTD Vs. GARY MICHAEL POWELL

Decided On August 29, 2000
ORIENTAL INSURANCE CO.LTD. Appellant
V/S
GARY MICHAEL POWELL Respondents

JUDGEMENT

(1.) This is an appeal filed by Oriental Insurance Co. Ltd. and it has been directed against the order dated 30.1.1996, passed by the Motor Accidents Claims Tribunal, Panipat, which awarded a sum of Rs. 8,34,730 with proportionate costs and interest at the rate of 12 per cent to the respondent Gary Michael Powell, from the date of the filing of the petition till payment and the insurance company was held jointly and severally responsible along with respondent Nos. 1 to 3.

(2.) So far as the accident part is concerned, it is not being disputed by the insurance company. The insurance company has also not challenged the finding of the Motor Accidents Claims Tribunal with regard to the negligence of the driver.

(3.) The challenge by the insurance company appellant, is only with regard to the quantum of compensation awarded by the Motor Accidents Claims Tribunal.