UNITED INDIA INSURANCE COMPANY Vs. PALVI AND ORS.

JUDGEMENT

(1.) This appeal is directed against the award, dated 4th April, 2008, passed by the Motor Accident Claims Tribunal -II, Kangra at Dharamshala (for short, "the Tribunal") in M.A.C.P. No. 70 -K/2005, titled Miss Palvi v/s. Arun Kumar and another, whereby a sum of Rs. 1,50,000/ - alongwith interest at the rate of 7 1/2% per annum, came to be awarded as compensation in favour of the claimant and the insurer was saddled with the liability, (for short the "impugned award"). The claimant and the owner/insured have not questioned the impugned award on any count. Thus, the same has attained finality so far it relates to them.

(2.) Only the insurer has questioned the impugned award on the grounds taken in the memo of appeal.

(3.) The learned counsel for the appellant argued that the impugned award suffers from illegality on two counts - (i) the claimant has not been able to prove that the driver of the offending vehicle had driven the vehicle rashly and negligently; and (ii) the amount awarded by the Tribunal is excessive.