ORIENTAL INSURANCE COMPANY LTD Vs. KAMLO

JUDGEMENT

(1.) Challenge in this appeal is to the award, dated 14th September, 2009, made by the Motor Accident Claims Tribunal, Chamba Division, Chamba, H.P. (hereinafter referred to as "the Tribunal") in MAC Petition No. 48 of 2008, titled as Smt. Kamlo & others versus The Oriental Insurance Company Ltd. & another, whereby compensation to the tune of Rs. 4,53,300/- with interest @ 7.5% per annum from the date of filing of the claim petition till deposition of the amount before the Tribunal came to be awarded in favour of the claimants-respondents No. 1 to 3 herein and the appellant-insurer came to be saddled with liability to satisfy the award (hereinafter referred to as "the impugned award) on the grounds taken in the memo of appeal. Brief facts:

(2.) The claimants-respondents No. 1 to 3 became the victim of a motor vehicular accident, which took place on 9th September, 2008, at Galoond Morh, near Village Pukhri, Tehsil and District Chamba, which was outcome of use of motor vehicle-Tata Sumo, bearing registration No. HP-01C-0786, being owned by respondent No. 4 herein and insured with the appellant-insured.

(3.) The claimants-respondents No. 1 to 3 filed claim petition seeking compensation to the tune of Rs. 8,00,000/- as per the break-ups given in the claim petition. The appellant-insurer and the owner-insured resisted the claim petition on the grounds taken in the memo of objections.