ORIENTAL INSURANCE CO. LTD Vs. PARKASHO DEVI

JUDGEMENT

(1.) Through the medium of the present appeal, the appellant/insurance company has impugned the award dtd. 11/4/2012 passed in claim petition, titled, 'Parkasho Devi vs. Permanand and others' by the Motor Accidents Claims Tribunal, Jammu (hereinafter to be referred as 'the Tribunal'), whereby the appellant/insurance company has been directed to pay an amount of Rs.3,39,000.00 to respondent No. 1 along with interest at the rate of 7.5% from the date of institution of the claim petition till its realization.

(2.) The award has been impugned only on the ground that respondent No. 1 is the wife of respondent No. 2 i.e. owner of the offending vehicle, both were the legal representatives of the deceased-Varinder Singh and once the respondent No. 2 could not have filed the claim petition, the respondent No. 1 also could not have filed the claim petition.

(3.) Mr. Vishnu Gupta, learned counsel for the appellant/insurance company vehemently argued that the award is liable to be set aside as the claim petition filed by respondent No. 1 against her husband was not maintainable as both respondent Nos. 1 and 2 were legal representatives of the deceased.