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2016 Supreme(HP) 2107

MANSOOR AHMAD MIR
ICICI Lombard General Insurance Company Limited – Appellant
Versus
Parul Sharma – Respondent


Advocates Appeared:
Jagdish Thakur and Neeraj Gupta, Advocates

JUDGMENT :

Mansoor Ahmad Mir, J.

1. By the medium of this appeal, the appellant insurer has called in question award, dated 21st April, 2012, made by the Motor Accident Claims Tribunal cum Presiding Officer, Fast Track Court, Mandi, District Mandi, H.P. (for short "the Tribunal") in Claim Petition No. 26/2010, titled as Parul Sharma and others v. ICICI Lombard Insurance Co. Pvt. Ltd. and another, whereby compensation to the tune of Rs. 4,48,900/- with interest @ 7.5% per annum from the date of the petition till its realization came to be awarded in favour of the claimants and the insurer was saddled with liability (for short "the impugned award"), on the grounds taken in the memo of the appeal. In order to determine this appeal, it is necessary to give a brief resume of the facts of the case, the womb of which has given birth to the appeal in hand.

2. Deceased Vijay Sharma, while driving the Car, bearing registration No. HP33 A9112 on 19th January, 2010, met with an accident at about 10.00 P.M. near Tata Motors Lunapani, while going from Sundernagar to Mandi, due to which he sustained injuries, was taken to Harihar Hospital, Gutkar, from where he was referred to PGI Chandigarh, where






































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