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2015 Supreme(HP) 1255

MANSOOR AHMAD MIR
Parveen Kumar – Appellant
Versus
Sunil Kumar – Respondent


Advocate Appeared:
Mr. Tara Singh Chauhan, Advocate, for Claimant Parveen Kumar
Mr. Jagdish Thakur, Advocate, for owner/driver Sunil Kumar
Mr. Deepak Bhasin & Mr.I.N. Mehta, Advocates, for the Insurance Company

JUDGMENT :

Mansoor Ahmad Mir, J.

Both these appeals are the outcome of one award, dated 28th February, 2009, passed by the Motor Accident Claims Tribunal, Una, (for short, the Tribunal), in Claim Petition No.33 of 2005, titled Parveen Kumar vs. Sunil Kumar and another, whereby compensation to the tune of Rs.67,400/-, with interest at the rate of 7% per annum from the date of filing of the claim petition till realization, came to be awarded in favour of the claimant and the insurer was saddled with the liability, (for short the impugned award). Accordingly, both the appeals are taken up together for final disposal.

2. FAO No.289 of 2009 has been filed by the claimant Parveen Kumar for enhancement of compensation, while the insurer has laid challenge to the impugned award by filing FAO No.421 of 2009.

3. Facts of the case giving rise to the present appeals are summarized thus. On 20th April, 2003, Claimant Parveen Kumar, alongwith one Manmohan, was traveling on a scooter bearing No.HP-19-2297, and at about 11.45 a.m., when they reached at village Chanari near Silver Factory, a Tata Sumo bearing No.PB-07E-7213, which was driven by Sunil Kumar (original respondent No.1) rashly and negligen

























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