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2014 Supreme(HP) 823

MANSOOR AHMAD MIR
Oriental Insurance Company Ltd. – Appellant
Versus
Surinder (since deceased, through LRs) – Respondent


Advocates Appeared:
For the appellant:Mr. Deepak Bhasin, Advocate.
For the respondents:Mr. Vikram Thakur, Advocate, for respondents No. 1 (a) and 1 (b).
Nemo for respondents No. 2 and 3.

JUDGMENT : -

Mansoor Ahmad Mir, Chief Justice (Oral)

This appeal is on the dockets of this Court right from 26th February, 2010. Subject matter of this appeal is award, dated 7th November, 2009, made by the Motor Accident Claims Tribunal, Shimla, H.P. (hereinafter referred to as “the Tribunal”) in M.A.C.C. No. 18-S/2 of 2008, titled as Shri Surinder versus Smt. Meera Devi and others, whereby compensation to the tune of Rs. 10,33,000/- with interest @ 9% per annum from the date of the petition till its realization came to be granted in favour of the claimant-Shri Surinder and against the respondents, i.e. the owner & the driver and the appellant-insurer was saddled with liability (hereinafter referred to as “the impugned award”), on the grounds taken in the memo of appeal.

2. Feeling dissatisfied with the said award, the appellant- insurer has questioned the same by the medium of this appeal.

3. In terms of order, dated 5th March, 2012, the Tribunal was asked to provide opportunity to the parties in order to lead evidence viz-a-viz the disability certificate, Ext. PW-4/A, and the record was also sent back with a direction to the Registry to call back the record after the findings are re

























































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