ORIENTAL INSURANCE CO LTD Vs. VEENA DEVI

JUDGEMENT

(1.) This civil first miscellaneous appeal is directed against the award dated 16.2.2005 passed by the Motor Accidents Claims Tribunal, Kathua in Claim Petition No. 16 titled Veena Devi v. Avtar Singh, whereunder an amount of Rs. 2,99,000 with 6 per cent interest per annum came to be awarded in favour of the claimants-respondent Nos. 1 to 4 on the grounds taken in the memo of appeal.

(2.) The short controversy involved in this appeal is, whether the appellant came to be rightly saddled with a liability or otherwise. In order to return finding, it is necessary to give brief resume of the case hereunder.

(3.) The claimants-respondent Nos. 1 to 4 filed a claim petition before the Motor Accidents Claims Tribunal, Kathua. The appellant and other respondents appeared and following issues came to be framed: