LAWS(HPH)-2019-3-83

NATIONAL INSURANCE COMPANY LIMITED Vs. USHA DEVI

Decided On March 18, 2019
NATIONAL INSURANCE COMPANY LIMITED Appellant
V/S
USHA DEVI Respondents

JUDGEMENT

(1.) By way of this appeal, the appellant Insurance Company has assailed the award dtd. 28/11/2011, passed by the learned Motor Accident Claims Tribunal-1, Solan in MAC Petition No. 9 S/2 of 2010, vide which, learned Tribunal while allowing the claim, has awarded an amount of Rs.4,57,000.00 (including interim compensation, if any, granted) in favour of the claimants and against the respondents, as their joint and several liability with 7.5% interest per annum from the date of filing of petition till the realization of amount. Learned Tribunal has held that since the offending vehicle was proved to be insured, therefore, compensation was liable to be indemnified by the insurer.

(2.) Feeling aggrieved, the Insurance Company has filed this appeal.

(3.) Brief facts necessary for the adjudication of the appeal are as under: