ORIENTAL INSURANCE COMPANY LTD. Vs. SMT. BABITA KUMARI

JUDGEMENT

(1.) Subject matter of this appeal is the award and judgment, dated 31st August, 2007, made by the Motor Accident Claims Tribunal-II, Kangra at Dharamshala, H.P., (for short, "the Tribunal") in MACP No.45-K/2002, titled Smt. Babita Kumari and others v. Karam Chand and others, whereby a sum of Rs. 4,57,000/- along with interest at the rate of 7?% per annum came to be awarded as compensation in favour of the claimants and the insurer was saddled with the liability (for short the "impugned award").

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

(3.) The only dispute is whether the insurer came to be rightly saddled with liability? The dispute revolves around issues No.2 to 4.