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2015 Supreme(HP) 1240

MANSOOR AHMAD MIR
Gian Vati – Appellant
Versus
Pushpa Devi – Respondent


Advocates:
Advocate Appeared:
FAO No. 38 of 2009
For the appellants :Mr. Rakesh Dhaulta, Advocate
For the respondents:Mr. Anil Chauhan, Advocate, for respondent No. 1
Mr. G.C. Gupta, Senior Advocate with Mr. Abhay Gupta, Advocate, for respondent No. 2
FAO No. 200 of 2009
Mr. G.C. Gupta, Senior Advocate with Mr. Abhay Gupta, Advocate
Mr. Rakesh Dhaulta, Advocate, for respondents No. 1 to 4
Mr. Anil Chauhan, Advocate, for respondent No. 5

JUDGMENT :

Mansoor Ahmad Mir, J.

Challenge in these appeals is to the award, dated 12th November, 2008, passed by the Motor Accident Claims Tribunal, Shimla (hereinafter referred to as “the Tribunal”) in MAC Petition No. 19-S/2 of 2007, whereby compensation to the tune of Rs. 7,98,000/- with interest at the rate of 9% per annum from the date of filing of the claim petition till its realization, was awarded in favour of the claimants and the insurer was saddled with liability (for short, “the impugned award”), on the grounds taken in the memo of appeal.

2. The claimants have questioned the impugned award by the medium of FAO No. 38 of 2009, on the ground of adequacy of compensation.

3. By the medium of FAO No. 200 of 2009, the insurer has challenged the impugned award on the ground that the owner has committed willful breach.

4. The owner-insured and driver have not questioned the impugned award on any count. Thus, it has attained finality so far as it relates to them.

5. The claimants have prayed for enhancement of compensation. The insurer has prayed that it be exonerated and the owner be saddled with liability. It has also pleaded in its appeal that the award amount is excessive.

6. In










































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