ICICI LOMBARD GENERAL INSURANCE CO. Vs. JOGINDER KAUR

JUDGEMENT

(1.) IN this petition, filed under Article 226 of Constitution of India, insurer -petitioner has assailed the award dated 19.5.2009, passed in Petition No. 35 -S/2 of 2007, titled as Joginder Kaur v. Ganga Ram and others, by Motor Accident Claims Tribunal -II, Solan, Himachal Pradesh, whereby a sum of Rs. 15,85,000/ - stands awarded to respondents No. 1 to 4 - claimants, hereinafter referred to as the claimants.

(2.) HAVING heard learned counsel for the parties, I am of the considered view that the award, on a limited point, requires modification, in view of perversity and illegality with regard to findings on the question of monthly income of Sunil Kumar (deceased).

(3.) TRIBUNAL framed the following issues: