NEW INDIA ASSURANCE CO. LTD. Vs. RATNI

JUDGEMENT

(1.) Appellant insurer has preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'Act') challenging judgment and award dtd. 29/8/2018 passed by Motor Accident Claims Tribunal No. 1, Bhilwara (for short, 'learned Tribunal') in Accident Claim Case No. 428/2013 (Smt. Ratni and Ors. v. Ram Chandra and Ors.).

(2.) Learned Tribunal, by the impugned judgment and award, adjudicated three claim petitions simultaneously, arising out of a solitary accident. Out of the three, Claim Petition No. 429/2013 was dismissed, whereas Claim Petition Nos. 428/2013 and 430/2013 were partly allowed.

(3.) Learned Tribunal, while adjudicating the claim of respondents-claimants quantified and awarded compensation to the tune of Rs.5,89,160.00 with interest @ 6% per annum from the date of filing of claim petition. Although, learned Tribunal decided issue No. 2 in favour of insurer, but finally directed it to first pay the compensation and then recover the same from insured.