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2015 Supreme(HP) 941

MANSOOR AHMAD MIR
National Insurance Co. Ltd. – Appellant
Versus
Madan Lal – Respondent


Advocate Appeared:
For the appellant:Mr. Deepak Bhasin, Advocate
For the respondents:Ms. Nishi Goel, Mr. Surinder Saklani, Advocates

Judgment

Mansoor Ahmad Mir, J.

Subject matter of this appeal is the judgment and award, dated 20.09.2008, made by the Motor Accident Claims Tribunal, Solan, Camp at Nalagarh, H.P. (for short "the Tribunal") in MAC Petition No. 3NL/2 of 2005/04, titled as Madan Lal versus Suresh Kumar and others, whereby compensation to the tune of Rs. 2,58,400/with interest @ 9% per annum from the date of filing of the claim petition till its realization came to be awarded in favour of the claimant-injured and against the owner and the driver and the insurer was directed to satisfy the award (for short "the impugned award").

2. The claimant-injured, 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 premium cheque was bounced, thus, the insurer was not liable to satisfy the award.

4. Thus, the only question to be determined in this appeal is whether the Tribunal has rightly saddled the appellant-insurer with liability or otherwise? The answer is in the affirmative for the following reasons:

5. It was for the ap















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