ORIENTAL INSURANCE COMPANY LIMITED Vs. PANKAJ

JUDGEMENT

(1.) CHALLENGE in this appeal is to the award, dated 27th February, 2013, made by the Motor Accident Claims Tribunal, Kullu, H.P. (hereinafter referred to as "the Tribunal") in Claim Petition No. 28 of 2010, titled as Pankaj versus Navneet Thakur & another, whereby compensation to the tune of Rs. 10,56,000/ - with interest at the rate of 9% from the date of filing of the petition till its realization came to be awarded in favour of the claimant -injured and against the respondents jointly and severally with a command to the appellant -insurer to satisfy the same (hereinafter referred to as "the impugned award").

(2.) THE claimant -injured and the owner -insured have not questioned the impugned award on any count, thus, has attained finality so far it relates to them.

(3.) ONE of the questions to be determined in this appeal is -whether the Tribunal has rightly saddled the appellant -insurer with liability or otherwise? The answer is in affirmative for the following reason: