ORIENTAL INSURANCE CO. LTD. Vs. JEEWAN LATA

JUDGEMENT

(1.) This appeal is directed against the award, dated 29th August, 2011, passed by the Motor Accident Claims Tribunal, Una, District Una, H.P., (for short, "the Tribunal") in Claim Petition No. 8 of 2010, titled Jeewan Lata and another v. Amit Sharma and another, whereby the claim petition was allowed and compensation to the tune of Rs. 6,90,000/-, with interest at the rate of 8% per annum, from the date of filing of the claim petition till deposit, 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 driver have not questioned the impugned award on any ground, thus the same has attained finality qua them. Feeling aggrieved, the insurer has challenged the impugned award by the medium of instant appeal on the grounds taken in the memo of appeal.

(3.) Facts of the case, in brief, are that on 6th September, 2007, at about 10.00 p.m., deceased Munish Kumar was going to his house on motorcycle No. HP-19A- 5025. When he reached near Deep Hospital, Ludhiana, original respondent No. 1, namely, Amit Sharma, while driving motorcycle No. PB-10-BS(Temp) 1445 rashly and negligently, hit the motorcycle of the deceased as a result of which the deceased sustained injuries and succumbed to the same later on. Hence, the claim petition filed by the claimants claiming compensation to the tune of Rs. 1.00 crore.