NATIONAL INSURANCE COMPANY Vs. KAMLA & OTHERS

JUDGEMENT

(1.) The insurer has questioned the award dated 12th January, 2009, made by the Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr (hereinafter referred to as "the Tribunal") in M.A.C. Petition No. 4 of 2007, titled Smt. Kamla Devi & others versus Sh. Lal Chand & others, whereby compensation to the tune of Rs. 5,33,400/- with interest @ 9% per annum from the date of filing of the claim petition till its realization, was awarded in favour of the claimantsrespondents No. 1 to 4 herein and the insurer came to be saddled with liability (for short, "the impugned award").

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

(3.) Learned Counsel for the appellant-insurer argued that the Tribunal has fallen in an error in directing it to satisfy the award and recovering the same from the owner/insured. The insured/owner was to be directed to satisfy the same.