JUDGMENT :

1. The appellant–Oriental Insurance Company (‘OIC’ in short) was respondent no. 3 in a claim petition on File no. 32/Claim of 2007 preferred by the claimant – Radha Rani who is respondent no. 1 in the present appeal.

2. The claim was preferred before the Motor Accidents Claims Tribunal (MACT), Reasi. The road traffic accident which afforded cause of action to the respondent no. 1 – Radha Rani to prefer the claim petition for the injury received upon her person is when she was riding an Auto Rikshaw bearing no. 2551-JK14-A which came to be hit by the offending vehicle (Bus) no. JKR-2229 driven by the offending driver, namely, Mohd. Iqbal i.e. the respondent no. 3 herein (respondent no. 1 in the claim petition) resulting in causing injury to the petitioner.

3. The accident occurred on 28.09.2006 at about 4:45 PM. The accident left the respondent no. 1 – Radha Rani with injuries in the form of fracture of fingers, shoulder and collar bone resulting in her medical treatment from Amritsar, Punjab.

4. The offending vehicle (Bus) bearing no. JKR-2229 was owned by the respondent no. 2 herein i.e. Raj Kumar Sharma (respondent no. 2 in the claim petition).

5. The respondent no. 1 prefe