NEW INDIA ASSURANCE CO. LTD. Vs. ZARINA BEGUM

JUDGEMENT

(1.) The appellant-Insurance Company has impugned the award dtd. 10/10/2013 passed by the Motor Accident Claims Tribunal, Ramban (J&K) (for short ,,the Tribunal) in a claim petition, titled, ,,Zarina Begum and others vs. the New India Insurance Co. Ltd and others, whereby the appellant has been directed to satisfy the award for an amount of Rs.17,43,000.00 along with pendent lite and future interest @ 7.5% per annum throughout till realization, on the following grounds:

(2.) Learned counsel for the appellant has vehemently argued that the deceased was travelling in an offending vehicle as a gratuitous passenger and as such the appellant/insurance company could not have been made liable to satisfy the award. He further argued that the amount of compensation awarded in favour of the respondents 1 to 7/claimants, is on higher side. He has relied upon the judgment of the Honble Supreme Court of India in 'National Insurance Co. Ltd. v. CholletiBharatamma', (2008) 1 SCC 423.

(3.) Learned counsel for the respondents 1 to 7 has vehemently argued that though the compensation awarded on account of funeral expenses, loss of estate and loss of consortium is not in accordance with law, but the claimants are satisfied about the quantum of compensation awarded by the learned Tribunal.