ORIENTAL INSURANCE COMPANY Vs. SARLA DEVI AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the award, dated 31st March, 2011, passed by the Motor Accident Claims Tribunal, Fast Track Court, Chamba, District Chamba, H.P., (for short, "the Tribunal ") in Claim Petition No. 10 of 2010, titled Sarla Devi and others Vs. Oriental Insurance Company Limited , whereby the claim petition was allowed and compensation to the tune of Rs.13,73,744.00, with interest at the rate of 7.5% per annum, 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, the owner and the proforma respondent Bishani Devi have not questioned the impugned award, on any count, thus, has attained finality so far as it relates to them.

(3.) The insurer has questioned the impugned award on two counts - i) The claimants have failed to prove rash and negligence on the part of the driver of the offending vehicle and ii) The amount of compensation awarded by the Tribunal is excessive.