ORIENTAL INSURANCE COMPANY LTD. Vs. DINESH SHARMA

JUDGEMENT

(1.) SUBJECT matter of this appeal is the award, dated 11th January, 2007, passed by Motor Accident Claims Tribunal, Shimla, H.P., (hereinafter referred to as the Tribunal), in Claim Petition No. 17 -S/2 of 2003, titled Dinesh Sharma vs. Surjeet Singh and others, whereby compensation to the tune of Rs. 4,92,600/ -, with interest at the rate of 7.5% per annum from the date of filing of the claim petition till its realization, was awarded in favour of the claimant (respondent No. 1 herein) and the insurer/appellant was directed to satisfy the same, (for short, the impugned award).

(2.) THE insurer/appellant has questioned the impugned award mainly on the ground that on the date of accident, the insurance risk was not covered and no insurance policy was subsisting on the said date, and the Tribunal has fallen in error in saddling the appellant with the liability. The other ground urged is that the accident was the outcome of contributory negligence and the owner and the driver of the Jeep, involved in the accident, were liable to be saddled with the liability.

(3.) THE question is -Whether the insurer/appellant has been wrongly saddled with the liability?