- (1.) The insurer has questioned the judgment and award, dated 3rd May, 2007, made by the Motor Accident Claims Tribunal (I), Kangra at Dharamshala, H.P. (for short "the Tribunal") in MACT Petition No. 36-P/II/2003, titled as Leela Devi and others versus Dinesh Kumar and others, whereby compensation to the tune of Rs. 2,40,600/- came to be awarded in favour of the claimants and the insurer came to be saddled with liability.
(2.) The claimants, the owner-insured and the driver of the offending vehicle have not questioned the impugned award on any count, thus, has attained finality so far it relates to them.
(3.) The appellant-insurer has questioned the impugned award on the ground that the accident has occurred due to the rash and negligent driving of the deceased, the rashness and negligence of the driver of the offending vehicle has not been proved and the appellant-insurer is not liable to pay the compensation.;