The main legal point established in the judgment is the assessment of compensation and the disallowance of interest on future prospects.

JUDGMENT :

1. This is an appeal preferred by the Appellant-National Insurance Company Limited, through its Divisional Manager, Srinagar, under Section 173 of the Motor Vehicles Act against the award dated 4th of August, 2022 (hereinafter referred to as “the impugned award”) passed by the learned Motor Accident Claims Tribunal, Pulwama (for short “the Tribunal”) in a claim petition titled ‘Mst. Aisha Bano & Ors. v. Mudasir Jamal & Ors.’, whereby the claim petition stands allowed and the claimants/ Respondents 1 to 3 herein held equally entitled to the compensation worked out at Rs.23,84,800/-, along with interest @ 6 % per annum from the date of filing of the claim petition, till final realization of the awarded amount.

2. The brief facts of the case, as emerge from the perusal of the impugned award, are that a claim petition came to be filed before the learned Tribunal by the claimants/ Respondents 1 to 3 herein, asserting therein that one Amir Rashid-son of Respondents 1 and 2 herein and brother of Respondent No.3 herein, along with a pillion rider, namely, Sameer Ahmad Bhat, were travelling on a motor cycle and, while going from Pampore towards Awantipora, a Tipper bearing registration No. JK01T-8802, coming from the opposite direction, which was being driven by one Mudasir Jamal Gojri/ Respondent No.4 herein, very rashly, carelessly and negligently hit the motor cycle, as a result whereof, the motor cycle got extensively damaged and both the persons travelling on the motor cycle got seriously injured. They were taken to Sub District Hospital, Pampore for initial treatment, wherefrom they were referred to Government SMHS Hospital, Srinagar, where the deceased Amir Rashid succumbed to his injuries. It was alleged that the accident occurred only due to the rash, negligent and careless driving of the Respondent No.4 herein. A case bearing FIR No. 192/2018 dated 18th of October, 2018 is also stated to have been registered with Police Station, Awantipora for the commission of offences punishable under Sections 279, 337, 304A of the erstwhile Ranbir Penal Code (RPC), which is now repealed with the re-organization of Jammu and Kashmir.

3. On the basis of the aforesaid facts and with the support of the relevant documents, the claimants/ Respondents 1 to 3 herein prayed for grant of compensation in their favour to the tune of Rs.83.00 lacs.

4. The Respondents 4 and 5 herein, driver and owner of the offending vehicle, respectively, did not choose to appear before the Tribunal despite having been duly served and were, as such, set ex-parte on 27th of June, 2019. The Appellant-Insurance Company, however, appeared before the Tribunal through its Counsel and filed Objections/ Written Statement, wherein they pleaded that the Company is not liable to indemnify the insured as the claimants had committed the breach of policy conditions by plying the vehicle in question without a valid route permit and fitness on the relevant date. It was stated by the Insurance Company that the compensation claimed is without any basis and highly exaggerated.

5. After conclusion of the proceedings, the learned Tribunal, in terms of the impugned award dated 4th of August, 2022, allowed the claim petition, thereby holding the claimants/Respondents 1 to 3 herein entitled to compensation to the tune of Rs.23,84,800/-, along with interest @ 6 % per annum from the date of filing of the claim petition till final realization of the awarded amount. The learned Tribunal, accordingly, directed the Appellant-Insurance Company to deposit the awarded amount in the first instance with the Tribunal with a right to recover the same from the owner of the vehicle.

6. The award impugned has been assailed by the Appellant-Insurance Company, inter alia, on the following grounds:

“a) That the compensation awarded by the Ld. Tribunal is arbitrary, excessive and unjust. The Ld. Tribun