ORIENTAL INSURANCE CO. LTD. Vs. RITESH KASHYAP

JUDGEMENT

(1.) BOTH these appeals are outcome of award, dated 2nd November, 2006, made by the Motor Accident Claims Tribunal (III) Shimla (hereinafter referred to as the Tribunal) in MACT No. 33 -S/2 of 2005/2001, whereby the claim petition of claimant Ritesh Kashyap has been allowed and the insurer was saddled with the liability to pay compensation to the tune of Rs. 3,10,000/ -, with interest at the rate of 7.5% per annum, from the date of the petition till the amount is deposited with the Tribunal (for short "the impugned award").

(2.) FAO No. 216 of 2008 has been preferred by the insurer challenging the findings of the Tribunal to the extent of saddling the insurer with the liability, while in FAO No. 360 of 2008, preferred by the claimant, challenge is thrown to the adequacy of compensation. The other findings recorded by the Tribunal are not in dispute.

(3.) WHETHER the petitioner has no cause of action against respondent No. 1? OPR -1