ORIENTAL INSURANCE CO. Vs. BHOLI AND ORS.

JUDGEMENT

(1.) Subject matter of this appeal is the award, dated 13th April, 2009, passed by the Motor Accident Claims Tribunal-II, Solan, H.P., (for short, the Tribunal), in Claim Petition No.14-NL/2 of 2006, titled Bholi and others Vs. Inderjit Singh and another , whereby compensation to the tune of Rs. 8,20,400.00 with interest at the rate of 12% per annum from the date of filing of the claim petition till realisation, came to be awarded in favour of the claimants and the insurer was saddled with the liability, (for short, the impugned award).

(2.) The claimants and the owner/driver have not questioned the impugned award on any count, therefore, the same has attained finality so far as it relates to them.

(3.) Feeling aggrieved, the insurer has challenged the impugned award by the medium of instant appeal, on the ground that initially it was averred in the claim petition that the vehicle involved in the accident was HP-12-1572, but lateron the claimants pleaded and proved that the vehicle, which hit the scooter of the deceased, was Mahindra Jeep bearing No. HR-68-1572. Thus, the learned counsel for the appellant/insurer submitted that the offending vehicle has been falsely implicated in the accident.