ORIENTAL INSURANCE CO LTD Vs. JAN MOHD

JUDGEMENT

(1.) ORIENTAL Insurance Co. Ltd. has filed this appeal under section 173 of the Motor Vehicles Act, 1988, questioning the Motor Accidents Claims Tribunal, bhaderwah's award of 28. 5. 2005, awarding an amount of Rs. 2,44,000 (rupees two lakh forty-four thousand) to respondent jan Mohd. along with interest at the rate of 9 per cent from the date of filing of the claim petition till realisation of the awarded amount, as compensation for the death of his son Mudasar Hussain, who had died in a motor vehicular accident on 5. 6. 2000 because of the rash and negligent driving of bus bearing registration No. JK 02-D 5355 at Manoti Gandoh, District Doda.

(2.) ABANDONING rest of the grounds taken in the memo of appeal, learned counsel for the appellant has restricted his challenge to the award of the Tribunal only insofar as it pertains to the quantum of compensation awarded by the Tribunal.

(3.) RESPONDENT No. 1's counsel, on the other hand, submits that appellant cannot question the award of the Tribunal regarding quantum of compensation because it had not sought permission of the Tribunal to contest the award on grounds other than those which are available to an insurer under section 149 (2) of the Motor Vehicles act, 1988.