ORIENTAL INSURANCE COMPANY Vs. MANU DEVI

JUDGEMENT

(1.) APPELLANT has called in question the award, dated 29th March, 2006, made by the Motor Accident Claims Tribunal -II, Shimla, H.P. (hereinafter referred to as "the Tribunal") in M.A.C. Petition No. 7 -R of 04/02, titled as Smt. Manu Devi and another versus Sh. Suresh Kumar and another, whereby compensation to the tune of Rs. 2,10,000/ - with interest @ 7.5% per annum from the date of filing of the petition till its realization came to be awarded in favour of the claimants and the appellant -insurer was saddled with liability (hereinafter referred to as "the impugned award"), on the grounds taken in the memo of appeal.

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

(3.) APPELLANT -insurer has questioned the impugned award on the ground that the amount awarded is excessive and the driver was not having valid and effective driving licence and had driven the vehicle in breach of the mandate of law and the insurance policy. Brief facts: