JUDGMENT :

1. This appeal under Section 173 of the Motor Vehicles Act filed by the Oriental Insurance Company (hereinafter referred to as the “Insurer”) is directed against the award dated 29.05.2009 passed by the Motor Accident Claims Tribunal, Jammu (“Tribunal” for short) in a claim petition No. 94/Claims titled “Kuldeep Kour and ors vs. Anil Chibber and others”.

2. Respondent Nos. 1 to 4 (hereinafter referred to as the “claimants”) have also filed cross-objections seeking enhancement of the compensation awarded by the Tribunal which shall be dealt with separately hereinafter.

3. However, with a view to appreciate the grounds of challenge urged by the insurer, it would be advantageous to refer to few facts relevant to the disposal of this appeal as also the cross-objections.

On 05.05.2003, a motor vehicle accident took place involving the offending vehicle i.e Bus bearing registration No. JK02N-7883 driven by respondent No.5(hereinafter referred to as the “driver”) in a rash and negligent manner in which deceased Paramjeet Singh, who was on his motor cycle, got injured. The said