BIRBAL AND OTHERS Vs. PRABHU CHAND AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the award, dated 15th April, 2011, passed by the Motor Accident Claims Tribunal, Kinnaur Civil Division at Rampur Bushahr, H.P. (for short, "the Tribunal") in Claim Petition No.76 of 2008, titled Birbal and others vs. Prabhu Chand and others, whereby compensation to the tune of Rs.2,04,500/-, alongwith interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization, came to be awarded in favour of the claimants and the insurer was saddled with the liability, (for short the "impugned award").

(2.) Feeling aggrieved, the claimants by the medium of instant appeal have challenged the impugned award on the ground of adequacy of compensation and the insurer has filed the Cross Objections laying challenge to the impugned award on the ground that the Tribunal has wrongly saddled it with the liability.

(3.) Thus, following two questions are to be determined in the instant appeal: