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2017 Supreme(HP) 894

SURESHWAR THAKUR
National Insurance Company Ltd. – Appellant
Versus
Gorkhu Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Ms. Devyani Sharma, Advocate.
For the Respondents:Ms. Anjali Soni Verma, Advocate, Mr. Rajesh Mandhotra, Advocate

JUDGMENT :

Sureshwar Thakur, J.

The learned Motor Accident Claims Tribunal (II), Kangra at Dharmshala, H.P. (hereinafter referred to as the learned tribunal), adjudged upon the successors-in-interest of deceased one Payare Lal, compensation amount comprised in a sum of Rs.3,51,000/-, apposite indemnificatory liability whereof stood fastened upon the insurer of the offending vehicle. The insurer of the offending vehicle is aggrieved therefrom, hence, it has preferred the instant appeal before this Court.

2. The learned counsel appearing for the appellant has not contested the validity of the findings recorded upon trite issue No.1. Consequently, it is to be concluded that the demise of one Payre Lal, evidently the predecessor-in-interest of the claimants, arose from the rash and negligent manner of driving of the offending vehicle by its driver, who is impleaded as respondent No.4 in the instant appeal. The solitary contention addressed before this Court by the learned counsel appearing for the appellant for invalidating the fastening of the apposite indemnificatory liability upon the insurer, is anvilled upon the factum of the learned tribunal, irrevering the trite factum of the appos




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