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2015 Supreme(HP) 1251

MANSOOR AHMAD MIR
United India Insurance Company – Appellant
Versus
Leelan Devi – Respondent


Advocates:
Advocate Appeared:
For the appellant :Mr. P.S. Chandel, Advocate
For the respondents:Mr. Adarsh K. Vashista, Advocate, for respondent No.1
Nemo for respondents No.2 and 3

JUDGMENT :

Mansoor Ahmad Mir, J.

This appeal is directed against the award, dated 5th March, 2009, passed by the Motor Accident Claims Tribunal, Hamirpur, H.P., (for short, the Tribunal), in Claim Petition No.06 of 2007, titled Leelan Devi vs. Vinod Kumar and others, whereby compensation to the tune of Rs.3,09,434/-, with interest at the rate of 7% per annum from the date of filing of the claim petition till deposit, came to be awarded in favour of the claimant and the insurer was saddled with the liability, (for short the impugned award).

2. Facts of the case giving rise to the present appeal are that on 2nd April, 2003, Claimant Leelan Devi, alongwith other persons, was traveling in a Jeep bearing No.HP-22-6433, which was hired by them from Sujanpur to Jawalamukhi and back. When the said Jeep was coming from Jawalamukhi and reached at Khirki, the Jeep, being driven by original respondent No.2, namely, Vinay Kumar, rashly and negligently, met with an accident, as a result of which the claimant sustained injuries, was taken to Primary Health Center, Sujanpur, fromwhere she was referred to Regional Hospital, Hamirpur and thereafter to PGI, Chandigarh. FIR in regard to the accident bear

















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