ORIENTAL INSURANCE COMPANY Vs. ANIL KUMAR AND OTHERS

JUDGEMENT

(1.) Challenge in this appeal is to the award, dated 24th May, 2006, made by the Motor Accident Claims Tribunal (II), Shimla, H.P. (for short "the Tribunal") in M.A.C. No. 120-R/2 of 2004/01, titled as Anil Kumar & others versus Smt. Sumitra Devi & others, whereby compensation to the tune of Rs. 4,90,000/- with interest @ 7.5% per annum from the date of institution of the claim petition till its realization came to be awarded in favour of the claimants and the appellant-insurer came to be saddled with liability (for short "the impugned award"), on the grounds taken in the memo of appeal.

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

(3.) Learned counsel for the appellant-insurer contested the impugned award on the ground that the insurance policy was 'Act Policy' and the appellant-insurer was not to be saddled with liability.