ORIENTAL INSURANCE COMPANY LIMITED Vs. RUMILA DEVI

JUDGEMENT

(1.) THE appellants -claimants have preferred this appeal, feeling dissatisfied with the award passed by the Motor Accident Claims Tribunal, Fast Track, Shimla, H.P. (hereinafter referred to as "the Tribunal") in MAC Case No. 5 -S/2 of 2005/2000, decided on 7.9.2006, titled as Smt. Rumila Devi & ors. versus Khajan Chand Azad & others., whereby compensation to the tune of Rs. 7, 68, 500/ - with 6% interest per annum from the date of filing of the petition till its final realization, came to be awarded in favour of the claimants -respondents No. 1 to 3 against the appellant -insurer herein, (hereinafter referred to as "the impugned award"), on the grounds taken in the memo of the appeal.

(2.) FACTS in brief are that on 8.7.1999, the deceased was travelling in Ambassador Car bearing No. DEA -6575 which was being driven near Hedsu rashly and negligently by driver namely Rafiq and caused accident in which one Moti Ram died. He was Maison by profession and was earning Rs. 8100/ - per month. The offending vehicle was insured with Oriental Insurance Company. Rafiq. The driver also died in the accident. The claim petition for grant of compensation the tune of Rs. 20 lacs was preferred, as per the break -up given in the claim petition.

(3.) THE parties present led evidence and after scanning the evidence, oral/documentary, the impugned award came to be passed.