NATIONAL INSURANCE CO LTD Vs. SANGEETA SHARMA

JUDGEMENT

(1.) This order shall dispose of the above-mentioned appeal filed by the appellant insurance company and cross- objections filed by claimant-respondent Nos. 1 to 6 against the award given by the Motor Accidents Claims Tribunal, whereby Rs. 5,85,500 had been awarded as the compensation to the claimants, on account of the death of Ravinder Kumar, deceased, in a motor vehicular accident.

(2.) While awarding compensation to the claimants, the learned Tribunal had held the driver, owner and the insurer of the offending vehicle jointly and severally liable to pay the compensation amount to the claimants.

(3.) In the present appeal, filed by the insurance company, it has been submitted before us by the learned counsel for the appellant insurance company that the insurance company had filed an application under section 170 of the Motor Vehicles Act, seeking permission to raise all the points which were available to the insured and that after contest, the said application was dismissed by the learned Tribunal and the award was passed in favour of the claimants and against the driver, owner and insurer of the offending vehicle. It has been submitted that if the appellant insurance company is allowed to take up the defences, the appellant insurance company shall challenge the amount of compensation awarded to the claimants, for the death of Ravinder Kumar, deceased.