MANSOOR AHMAD MIR
Oriental Insurance Company Ltd. – Appellant
Versus
Asha Devi Gosain – Respondent
JUDGMENT :
Mansoor Ahmad Mir, J.
Insurer-appellant has questioned the award, dated 29th August, 2007, passed by the Motor Accident Claims Tribunal, Fast Track Court, Solan, H.P. (for short, the Tribunal), in MAC Petition No.33FTC/2 of 2005/06, titled Asha Devi Gosain and others vs. Deepa and others, whereby compensation to the tune of Rs.9,60,000/- alongwith interest at the rate of 7.5% per annum from the date of filing of the petition till its realization, was awarded in favour of the claimants (respondents No.1 to 5 herein) and against the insurer, (for short, the impugned award).
2. The claimants, five in number, filed a Claim Petition for grant of compensation to the tune of Rs.30.00 lacs, as per the break-ups given in the Claim Petition.
3. Respondents i.e. the insurer, the insured/owner and the driver appeared and resisted the Claim Petition and have filed replies. On the pleadings of the parties, the following issues came to be framed:
1. Whether the deceased had died in the accident caused by the taxi No.HP-01-S-0250 on account of rash/negligent driving by respondent No.2? OPP.
2. If issued No.1 is proved in affirmative, to what amount of compensation, the petitioners are entitle
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