CHANDRA WATI Vs. TEK CHAND

JUDGEMENT

(1.) Appellant has questioned the award, dated 20th May, 2006, passed by the Motor Accident Claims Tribunal (III) Shimla, (hereinafter referred to as "the Tribunal"), in MAC Petition No. 55-S/2 of 2005/02, titled as Smt. Chandra Wati versus Sh. Tek Chand and others, whereby compensation to the tune of Rs. 3,00,000/- came to be awarded in favour of the claimant-appellant and against respondent No. 3-Oriental Insurance Company, with interest @ 7.5% per annum from the date of the claim petition till its realization, (for short "the impugned award"), on the ground of adequacy.

(2.) Rajneesh Tandon/owner/insured, Tek Chand/driver of the offending vehicle and Oriental Insurance Company Ltd./insurer have not questioned the impugned award on any ground, thus it has attained finality so far it relates to them. It is worthwhile to mention herein that even they have not filed cross-objections to the appeal. Thus, the only question to be determined in this appeal is: whether the compensation awarded is adequate or inadequate? Brief Facts:

(3.) In order to determine the issue, it is necessary to give a flash back of the case, the womb of which has given birth to the instant appeal.