NATIONAL INSURANCE CO. LTD. Vs. BISHAMBHARI DEVI

JUDGEMENT

(1.) This is an appeal filed by the appellant/Insurance Company under Section 173 of the Motor Vehicles Act (hereinafter referred to as 'the Act') against the award passed by the learned Motor Accident Claims Tribunal-III, Kangra at Dharamshala, H.P., dated 29.10.2008, vide which the claim petition filed by claimant/respondent No. 1 under Section 166 of the Act was allowed and she was held entitled to a sum of Rs. 3,23,105/- payable by the appellant/Insurance Company. The owner/driver and the Insurance Company contested the petition.

(2.) I have heard the learned Counsel for the parties and have gone through the record of the case.

(3.) The first point taken by the learned Counsel for the appellant was that the amount of compensation awarded by the learned Tribunal was excessive in so far as the actual loss to the shop in question was concerned. During the course of arguments, learned Counsel for respondent No. 2 has pointed out that the application filed by the Insurance Company under Section 170 of the Act to contest the petition on the grounds available to the driver and owner was rejected by the learned Tribunal and as such the Insurance Company is not entitled to challenge the findings of the learned Tribunal on the question of quantum.