ROMESH KUMAR Vs. SHAMIM AKHTER

JUDGEMENT

(1.) Civil Ist Miscellaneous Appeal No. 87/2005 is directed against the judgment and award dated 30.3.2005 passed by the Motor Accidents Claims Tribunal, Jammu in a claim petition titled as Shamim Akhter and Ors. v. Romesh Kumar and Ors. whereby and whereunder compensation to the tune of Rs. 5,50,000/- with 6% interest from the date of presentation of claim petition till its realization came to be passed in favour of claimants- respondents 1 to 5 and against the appellant/owner/insured. The insurer-respondent No. 6 came to be exonerated and appellant/owner/insured came to be directed to satisfy the award (for short hereinafter, the impugned award). Feeling aggrieved the appellant- insured has questioned the impugned award on the grounds taken in the memo of appeal.

(2.) Claimants have challenged the impugned award to the extent of adequacy of compensation. The main ground projected in the memo of appeal is that the compensation granted is on lower side and have prayed that the same be enhanced. Respondents 1 to 6 have appeared and virtually respondent No. 6 has contested the appeal, whereas respondents 1 to 5 have not and respondent No. 7 has chosen not to appear.

(3.) The short question involved in CIMA No. 87/2005 is whether the Tribunal has rightly exonerated insurer-respondent No. 6 from its liability or otherwise.