ORIENTAL INSURANCE COMPANY LTD. Vs. RAMESH CHANDER

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant-the Oriental Insurance Company Ltd. against the judgment and award dtd. 25/8/2021 passed by the learned Judge, Motor Accident Claims Tribunal, Udaipur (hereinafter referred to as "the learned Tribunal" for short) in MAC case No. 132/1996, whereby the claim application filed by the respondents-claimants on account of the death of grand-father of the respondents-claimants, namely, Laxmi Narayan in a road accident, which was occurred on 11/8/1995, was partly allowed and they were granted total compensation of Rs.82,000.00 with interest at the rate of 9% per annum from the date of filing of the claim application, i.e., 9/1/1996.

(2.) The appellant-Insurance Company has approached this Court assailing the award, whereby the learned Tribunal has held that the non-claimants Nos. 1 to 3 are liable to indemnify the award amount jointly and severely.

(3.) Briefly stated facts of the case are that on 11/8/1995 at about 7:30 P.M., when deceased Laxmi Narayan was walking at Dabok to Udaipur Road, then near the road of Vidya Peeth Office, a vehicle bearing No. RJH-643 (hereinafter referred to as "the offending vehicle" for short), which was being driven by the driver of the offending vehicle Sh. Ganesh Lal rashly and negligently, dashed the deceased Laxmi Narayan, resulting into sustaining grievous injuries and ultimately died.