JUDGMENT :

VIVEK SINGH THAKUR, J.

1. This appeal has been preferred by United India Insurance Company Limited (in short ‘Insurance Company’) against Award dated 16.01.2016, passed by Motor Accident Claims Tribunal-II, Kangra at Dharamshala, District Kangra, H.P. in MACP No. 9-I/II/2013/2006, titled as Anju Bala and Others vs. Gurbhag Singh and Another, whereby claim petition preferred by the claimants has been allowed by awarding compensation to the tune of Rs. 9,36,000/- alongwith interest @ 8% per annum from the date of filing of the petition till realization of whole amount to be paid by the Insurance Company.

2. Learned counsel for the appellant-Insurance Company, under instructions of Ms. Sangeeta Bali, Senior Divisional Manager, Insurance Company, Division Office Shimla, H.P. is pressing the present appeal only on the ground that the deceased himself was rash and negligent in driving the motorcycle and there was no rash and negligence on the part of owner-cum-driver of the tractor, and he is not pressing appeal on the issue of quantum determined by the MACT, particularly keeping in view pronouncement of the Supreme Court in National Insurance Company Limited vs. Pranay Sethi and