LAWS(HPH)-2015-4-57

ORIENTAL INSURANCE COMPANY Vs. BRESTI DEVI AND ORS.

Decided On April 17, 2015
ORIENTAL INSURANCE COMPANY Appellant
V/S
Bresti Devi And Ors. Respondents

JUDGEMENT

(1.) SUBJECT matter of this appeal is award, dated 12th April, 2007, made by the Motor Accident Claims Tribunal, Mandi, H.P. (for short "the Tribunal") in Claim petition No. 41 of 2005, titled as Besti Devi and others versus Sh. Nand Lal and another, whereby compensation to the tune of ' 4,90,000/ - with interest @ 7.5% from the date of petition came to be awarded in favour of the claimants (for short "the impugned award").

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

(3.) MR . G.C. Gupta, learned Senior Counsel appearing on behalf of the appellant -insurer, while referring to paras 14 and 15 of the impugned award, argued that the Tribunal has not recorded findings about the rash and negligent driving of the driver, namely Shri Nand Lal, and prayed that the claim petition be dismissed.