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2016 Supreme(HP) 765

MANSOOR AHMAD MIR
Sadh Ram – Appellant
Versus
Sanjay Rao – Respondent


Advocates Appeared:
For the Appellant :Mr. Gaurav Gautam, Advocate.
For the Respondents:Mr. Bimal Gupta, Senior Advocate, with Mr. Vineet Vashista, Advocate, for respondent No.1.
Mr. B.M. Chauhan, Advocate, for respondent No.3.

JUDGMENT :

Mansoor Ahmad Mir, J.

Subject matter of this appeal is the award, dated 11th May, 2009, passed by the Motor Accident Claims Tribunal, Solan, H.P., (for short, the Tribunal), in Claim Petition No.21/NL/2 of 2007, titled Sadh Ram Chandel vs. Sanjay Rao and others, whereby compensation to the tune of Rs.5,52,000/-, with interest at the rate of 7.5% 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. The owner/insured, the driver and the insurer have not questioned the impugned award on any count, thus, the same has attained finality so far as it relates to them.

3. Feeling aggrieved and dissatisfied with the impugned award, the claimant/injured has challenged the impugned award by the medium of instant appeal, on the sole ground that the compensation awarded is meager.

4. Thus, the only question needs to be determined in this appeal is whether the amount awarded is adequate or inadequate, meaning thereby that this Court has to return the findings on the point whether the amount of compensation is just in terms of the mandate of Sectio






































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