NATIONAL INSURANCE CO. LTD. Vs. RENU SHARMA

JUDGEMENT

(1.) This is an appeal in a Motor Accident Claims case. Learned Motor Accident Claims Tribunal, Jammu vide order dated 12.05.2012 passed in file No. 218/C has awarded compensation of Rs. 11,45,000/- to the legal representatives (herein respondents 1 to 3) of deceased Kulbushan Sharma, who on 05.02.2009 was knocked down to death by the offending vehicle (Matador) bearing registration No. JK02T 2272. The accident was found to have occurred due to rash and negligent driving by the driver of the offending vehicle. The offending vehicle at the relevant time was insured for third party risk with the appellant so liability of satisfying the award is to be discharged by the appellant.

(2.) Heard. Considered. I have perused the record.

(3.) Appellant-insurer has challenged the award mainly on two grounds: