BRAHM PARKASH Vs. DEVKI DEVI AND OTHERS

JUDGEMENT

(1.) Subject matter of this appeal is the award, dated 2nd June, 2009, passed by the Motor Accident Claims Tribunal, Ghumarwin, H.P., (for short, the Tribunal), in Claim Petition No. 76 of 2005, titled Devki Devi Vs. Brahm Parkash and others , whereby the claim petition was allowed and compensation to the tune of Rs. 4,36,000.00, with interest at the rate of 7.5% per annum from the date of filing the claim petition till realization, was awarded in favour of the claimant and the insurer was saddled with the liability, with right of recovery, (for short, the impugned award).

(2.) The claimant, the insurer and the driver have not questioned the impugned award on any count, thus, the same has attained finality so far as it relates to them. Feeling aggrieved, the owner has challenged the impugned award on the ground that the Tribunal has fallen in an error in saddling him with the liability.

(3.) Thus, the only question needs to be determined in the instant appeal is - Whether the Tribunal has rightly exonerated the insurer from its liability.