NEW INDIA ASSURANCE COMPANY LIMITED Vs. KIRAN SHARMA

JUDGEMENT

(1.) Challenge in this appeal is to the award, dated 28th March, 2007, made by the Motor Accident Claims Tribunal (Presiding Officer, Fast Track Court), Solan, District Solan, H.P. (hereinafter referred to as "the Tribunal") in Petition No. 3 FTC/2 of 06/05, titled as Smt. Kiran Sharma & others versus Smt. Kamla Devi & others, whereby compensation to the tune of Rs. 19,05,520/- with interest @ 71/2% per annum from the date of institution of the petition till its realization came to be awarded in favour of the claimants, as per the apportionment made in the award and against the appellant-insurer (hereinafter referred to as "the impugned award") on the grounds taken in the memo of appeal.

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

(3.) The appellant-insurer has questioned the impugned award on the grounds that the accident was outcome of contributory negligence and the amount awarded is excessive.