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2016 Supreme(HP) 404

MANSOOR AHMAD MIR
United India Insurance Company Limited – Appellant
Versus
Parveen Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. J.S. Bagga, Advocate
For the Respondents:Mr. Dinesh Thakur, Advocate, for respondent No. 1, Mr. N.S. Chandel, Advocate, for respondents No. 2 and 3

JUDGMENT :

Mansoor Ahmad Mir, J.

Subject matter of this appeal is judgment and award, dated 24th February, 2010, made by the Motor Accident Claims Tribunal-II, Fast Track Court, Hamirpur (H.P.) (for short "the Tribunal") in MAC Petition No. 6 of 2008, titled as Parveen Kumar versus Baldev Singh and others, whereby compensation to the tune of 4,10,185/- with interest @ 9% per annum from the date of the petition came to be awarded in favour of the claimant-injured and against the insurer (for short “the impugned award”).

2. The claimant-injured, the owner-insured and the driver of the offending vehicle have not questioned the impugned award on any count, thus, has attained finality so far it relates to them.

3. Appellant-insurer has questioned the impugned award on the grounds taken in the memo of the appeal.

4. In order to determine this appeal, it is necessary to give a flashback of the case, the womb of which has given birth to the instant appeal.

5. Claimant-injured Parveen Kumar who was 18 years' of age at the time of the accident, became the victim of the motor vehicular accident, which was caused by driver, namely, Kishan Chand, while driving Tractor, bearing registration No. HP-67-




























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