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2016 Supreme(HP) 2074

MANSOOR AHMAD MIR
Darshan Kaur – Appellant
Versus
Vidya Thakur – Respondent


Advocates Appeared:
For the Appellants :Mr. N.S. Chandel, Advocate.
For the Respondents:M/s. Sudhir Thakur and Anirudh Sharma, Advocates.

JUDGMENT :

Mansoor Ahmad Mir, J.

Challenge in this appeal is to judgment and award, dated 12th April, 2012, made by the Motor Accident Claims Tribunal-I, Solan, District Solan, H.P. (for short ‘the Tribunal’) in MAC Petition No. 24-S/2 of 2008, titled as Smt. Vidya Thakur & others versus Shri Raj Kumar and another, whereby compensation to the tune of Rs.11,30,000/- with interest @ 7.5% per annum from the date of filing of the claim petition till its realization came to be awarded in favour of the claimants and the appellants/owner and driver were saddled with liability (hereinafter referred to as ‘the impugned award’).

2. The claimants have not questioned the impugned award, on any count. Thus, it has attained finality, so far the same relates to them.

3. The owner and driver have questioned the impugned award on the grounds taken in the memo of appeal.

4. Learned Counsel for the appellants/owner and driver argued that the accident was not caused by driver, namely, Raj Kumar and prayed that the impugned award be set aside.

5. The argument is mis-conceived and devoid of any force for the following reasons.

6. The claimants filed a claim petition before the Tribunal for grant of compensatio





































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