NATIONAL INSURANCE COMPANY LTD. Vs. NIRMALA DEVI

JUDGEMENT

(1.) CHALLENGE in this appeal is to the award, dated 18th August, 2007, passed by the Motor Accident Claims Tribunal, Fast Track Court, Kangra at Dharamshala, H.P. (for short, the Tribunal), in MAC Petition No. 80 -J/II/05/01, titled Nirmala Devi and and others vs. Suresh Kumar and others, whereby compensation to the tune of Rs. 4,73,000/ - alongwith interest at the rate of 9.5% per annum from the date of filing of the petition till its realization, stands awarded in favour of claimant No. 1 and against the insurer, (for short, the impugned award).

(2.) ON the last date of hearing, the parties were directed to seek instructions for settling the matter. The learned counsel for the appellant -insurer, on instructions, stated that the insurer is ready to settle the matter in case the claimants are ready to accept Rs. 4.00 lacs, in lump sum, as compensation. The learned counsel for the claimant stated that he is under instruction to contest the appeal.

(3.) CLAIMANTS have sought compensation to the tune of Rs. 6.00 lacs, as per the break -ups given in the Claim Petition, on the grounds which may be enumerated as under.