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2016 Supreme(HP) 1680

SURESHWAR THAKUR
ICICI Lombard General Insurance Company Limited – Appellant
Versus
Sudesh Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Jagdish Thakur
For the Respondents: Mr. Anup Rattan, Mr. Ajay Chandel, Mr. Pawan Gautam

JUDGMENT :

Sureshwar Thakur, J.

The instant petition is directed against the award rendered by the Motor Accidents Claims Tribunal, Fast Track Court, Una, in MAC Petition No. 28 of 2008 whereby on demise of the predecessor in interest of the claimants in a Motor Vehicle Accident, it awarded compensation to the respondents comprised in a sum of Rs.5,06,000/- alongwith interest @ 6% per annum from the date of filing of the petition till realization, liability whereof stood fastened upon the petitioner.

2. The trite assault constituted by the counsel for the petitioner herein qua this Court in the exercise of its jurisdiction under Article 227 of the Constitution of India setting aside the impugned award of the MACT, its evidently standing permeated with a stark illegality besides impropriety, stands grooved in the factum of the learned MACT in gross departure from the mandate of the Hon’ble Apex Court encapsulated in New India Assurance Company Ltd. Vs. Shanti Pathak (Smt.) and others (2007) 10 SCC 1, the relevant paragraph No.6 whereof stands extracted hereinafter:-

“6. Considering the income that was taken, the foundation for working out the compensation cannot be faulted. The monthly






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