NEW INDIA ASSURANCE COMPANY Vs. RAFIKAN & OTHERS

JUDGEMENT

(1.) This appeal is directed against the award, dated 22nd November, 2010, passed by the Motor Accident Claims Tribunal, Fast Track Court, Chamba (HP), (for short, "the Tribunal") in M.A.C. No.32/09, titled Smt. Rafikan & another vs. Surjeet Singh & others, whereby a sum of Rs.5,78,400/- alongwith interest at the rate of 7.5% 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 claimant, the owner-insured and the driver have not questioned the impugned award on any count. Thus, the same has attained finality so far it relates to them.

(3.) During the course of hearing, the learned counsel for the appellant/insurer has laid challenge to the impugned award only on two grounds i) the amount awarded by the Tribunal is excessive; and ii) the deceased was a bachelor, therefore, 1/2 was to be deducted towards the personal expenses of the deceased and the Tribunal has fallen into an error in deducting 1/3rd amount.