ORIENTAL INSURANCE CO LTD Vs. KUNTA DEVI

JUDGEMENT

(1.) The instant appeal, is, directed against the award, pronounced by the learned Motor Accident Claims Tribunal, Fast Track Court, Solan, District Solan, H.P., upon, Petition No. 11 FTC/2 of 05/06/08, wherethrough, compensation amount, borne in a sum of Rs. 14,32,760/-, stood assessed, vis-a-vis, the successors-in-interest, of, one Ram Gopal, and, thereon interest at the rate of 6% per annum, hence stood levied, and, was ordered, to, commence from the date of filing the petition, till its deposit or realization. The learned Tribunal, also, through, recoursing, the, mechanism, of, pay and recover, and, hence initially saddled, the apposite indemnificatory liability, upon, the insurer of the offending vehicle (Tipper) bearing registration No. HR-37A-1708, however, obviously, with, a, right bestowed, upon, the insurer, to, hence recover, in accordance with law, the afore compensation amount, from, respondents No. 1 and 2.

(2.) The registered owner of the offending vehicle, has not contested, the afore adoption, made hence by the learned Tribunal, in, the initially saddling, of, the apposite indemnificatory liability, upon, it. Consequently, hence the, saddling of the apposite indemnificatory liability rather initially, upon, the insurer of the offending vehicle, and, thereafter, the latter, being permitted, to, recourse the apt legal remedies, to realize the compensation amount, from, respondents No. 1 and 2, acquires conclusivity, and, finality.

(3.) The learned counsel, appearing for the aggrieved appellant, has challenged the returning, of, affirmative findings upon issue No.1, appertaining to the ill-fated collision, being a sequel of rash and negligent manner of driving, of, the offending vehicle, by respondent No.2, and, has also cast a challenge, vis-a-vis, the returning of dis-affirmataive findings, upon issue No.4, appertaining to, the, ill-fated collision, being a sequel, of, rash, and, negligent manner, of, driving, of, the Scooter, bearing No. PB-12E-2801, hence by its driver.