LAWS(P&H)-2021-4-47

NEW INDIA ASSURANCE COMPANY LIMITED Vs. GURMAIL KAUR

Decided On April 07, 2021
NEW INDIA ASSURANCE COMPANY LIMITED Appellant
V/S
GURMAIL KAUR Respondents

JUDGEMENT

(1.) Appellant Insurance Company is before this Court impugning the award dated 27.11.2019 rendered by Motor Accident Claims Tribunal, Rupnagar (for brevity, Tribunal) alleging that the same is erroneous and based on mis-appreciation of evidence led by the parties.

(2.) Brief factual narrative first as noted by the Tribunal in the award impugned herein.

(3.) On the basis of evidence adduced by parties, the learned Tribunal awarded an amount of Rs. 60,41,806/- along with interest @ 7% per annum from the date of filing of the petition till actual payment, to be apportioned equally by the claimants. The learned Tribunal held all the respondents jointly and severally liable to pay the aforesaid amount of compensation. The appellant Insurance Company was to indemnify the claimants in the first instance and was given recovery rights against the driver and owner of the offending vehicle.