NATIONAL INSURANCE COMPANY LIMITED Vs. SHASHIBALA

JUDGEMENT

(1.) CHALLENGE in this appeal is to the award dated 1st January, 2009 passed by the Motor Accident Claims Tribunal, Hamirpur, H.P. in MAC Petition No. 23 of 2008, titled Shashibala & others vs. National Insurance Company Ltd., whereby and whereunder the compensation to the tune of Rs. 4,05,500/ - with 7.5% per annum came to be awarded in favour of the claimants against the insurer -appellant -Insurance Company (for short "the impugned award") on the grounds taken in the memo of appeal.

(2.) THE main argument raised by learned counsel for the appellant is that the owner of the offending vehicle, i.e., Scooter No. HP -22A -4207 is Shashibala, claimant No. 1. Thus, claim petition is not maintainable.

(3.) THE widow of deceased Rakesh Kumar and his sons, namely, Chandan Verma and Anmol Verma, his parents i.e. father and mother, namely, Dhhani Ram and Satya Devi filed a claim petition before the Tribunal below and sought compensation.