(1.) This Civil First Miscellaneous Appeal is directed against the Judgment and award dated 30th of June' 2008 passed by the Motor Accident Claims Tribunal, Jammu, in claim petition titled Radhika v. Balwinder Singh and Ors. Claim petition, whereby and where- under compensation to the tune of Rs. 3,88,500-00 with interest @ 7.5% from the date of presentation of claim petition till its realization came to be passed in favour of the claimant-respondent No. 1 and against the appellant-insured, on the grounds taken in the memo of appeal (for short hereinafter, impugned award).
(2.) It is necessary to give a flash back of the case, the womb of which has given birth to the instant appeal, which can be summarized as under:
(3.) Appellant-insurer and respondents 2 & 3 filed written statement-objections. Following issues came to be framed: