United India Insurance Company Ltd. v. Santosh Kumari
2015-07-10
MANSOOR AHMAD MIR
body2015
DigiLaw.ai
Judgment Mansoor Ahmad Mir, J. Challenge in this appeal is to the award, dated 21st May, 2008, made by the Motor Accidents Claims Tribunal, (III), Kangra, (hereinafter referred to as “the Tribunal”) in M.A.C.P. No. 43-B/2003, titled as Smt. Santosh Kumari versus Rakesh Kumar & others, whereby compensation to the tune of Rs.1,69,000/- with interest @ 7.5% per annum from the date of filing of the claim petition till its realization, came to be awarded in favour of the claimant-respondent No. 1, herein and the insurer-United India Insurance Company was saddled with liability (for short, the “impugned award”). 2. The claimant, insured-owner and driver have not questioned the impugned award, on any count. Thus, it has attained finality, so far as it relates to them. 3. Only the insurer has questioned the impugned award on the ground that the Tribunal has fallen in an error in saddling it with the liability. 4. Learned Counsel for the appellant-Insurance Company argued that the deceased was a labourer employed with the offending vehicle-tractor, his risk was not covered. 5. I have gone through the Insurance Policy Ext. RW-1/B which does disclose that the risk is covered. The Tribunal has rightly made discussion in para-12 of the impugned award. 6. Having said so, no interference is required. 7. Hence, the impugned award is upheld and the appeal is dismissed. 8. The Registry is directed to release the awarded amount in favour of the claimant, strictly as per the terms and conditions contained in the impugned award. 9. Send down the records after placing a copy of the judgment on the Tribunal's file.