ORIENTAL INSURANCE CO. LTD. Vs. CHANCHALA DEVI

JUDGEMENT

(1.) Shri Romesh S/o Bhagat Ram R/o Village Kandharnu, lost life in a road accident on 19.07.2000 at village challan when he was working as a labourer with tractor bearing registration No. JK02L-8396. At the time of accident, the tractor, carrying sand was allegedly driven rashly and negligently. Respondents No. 1 to 5, being legal heirs of the deceased, filed petition for grant of compensation before Motor Accident Claims Tribunal, Kathua, which has been decided on 29.12.2008. Claimants have been held entitled to the compensation of Rs. 3,96,000/- along with interest @6% from the date of institution of the petition till its full realization in the ratio indicated in the award. The appellant-insurance company has been held liable to pay the compensation, Dissatisfied therewith, instant appeal has been filed.

(2.) The appellant has assailed the impugned award on the following grounds:

(3.) The Tribunal, on the basis of pleadings of the parties, has framed the following issues: