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2015 Supreme(HP) 1203

MANSOOR AHMAD MIR
Deep Chand – Appellant
Versus
Udey Singh – Respondent


Advocates:
Advocate Appeared:
For the appellant :Mr. Arun Kumar, Advocate vice Mr. Vinay Thakur, Advocate.
For the respondents:Nemo for respondents No. 1 & 2. Mr. G.D. Sharma, Advocate, for respondent No. 3.

JUDGMENT

Mansoor Ahmad Mir

1. The owner-insured has questioned the award dated 4th June, 2009, passed by the Motor Accident Claims Tribunal-I, Sirmaur District at Nahan, H.P (hereinafter referred to as “the Tribunal”) in M.A.C. Petition No. 127-MAC/2 of 2006, whereby compensation to the tune of `75,000/- with interest at the rate of 7.5% per annum, from the date of filing of the claim petition till its realization, came to be awarded in favour of the claimant respondent No. 1, herein and against owner-appellant herein and driver-respondent No. 2 herein (for short, the “impugned award”).

2. The claimant, driver and insurer have not questioned the impugned award. Thus, it has attained finality so far as it relates to them.

3. Thus, the only question to be determined in this appeal is-whether the insurer or the owner has to satisfy the impugned award?

4. Issue No. 1 is not in dispute. However, I have gone through the impugned award. There is ample evidence on the record to the effect that driver, namely, Bankey Lal has driven vehicle-Mahindra Bolero bearing registration No. HP-17B-0311, rashly and negligently, on 09.06.2005, at about 9.00 a.m., near Jawalapur, Tehsil Paonta Sahib and caus















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