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2016 Supreme(HP) 1821

MANSOOR AHMAD MIR
MBD Printographics Pvt. Ltd. – Appellant
Versus
Satya Devi – Respondent


Advocates Appeared:
For the Appellant : Mr. Aman Sood
For the Respondents: Mr. Abhishek Sood, Mr. Ratish Sharma, Mr. Dheeraj K. Vashista

JUDGMENT :

Mansoor Ahmad Mir, J.

This appeal is directed against the award, dated 21st January, 2012, passed by Motor Accident Claims Tribunal-II, Una, District Una, H.P., (for short, the Tribunal), whereby compensation to the tune of Rs.2,69,000/-, with interest at the rate of 9% per annum from the date of filing of the petition till realization and costs to the tune of Rs.1,000/-, came to be awarded in favour of the claimants, and the insurer was saddled with the liability, with right of recovery, (for short, the impugned award).

2. The claimants, 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, the owner/insured has challenged the impugned award by way of instant appeal, on the grounds taken in the memo of appeal.

4. After hearing the learned counsel for the parties and having gone through the record, I am of the considered view that the Tribunal has fallen into an error in exonerating the insurer from its liability, for the reasons mentioned hereinbelow.

5. The vehicle involved in the accident was Tractor bearing No.HP-19A-8254. Registration certificate of the offen






























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