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2012 Supreme(HP) 771

DEEPAK GUPTA
NATIONAL INSURANCE COMPANY LIMITED – Appellant
Versus
PARVEEN KUMAR, SH. AMIT BEHAL AND SH. RAMESH KUMAR – Respondent


JUDGMENT :

Deepak Gupta, J.

This appeal by the Insurance Company is directed against the award of the Motor Accident Claims Tribunal, Shimla in MAC petition No. 8-S/2 of 2006, whereby the claimant has been awarded compensation of Rs. 9,93,400/- alongwith interest at the rate of 9% per annum from the date of filing of the petition till realization of the amount.

2. This case raises certain important issues and shows how even senior officers, who are manning the Tribunals, are not even aware of the basic principles relating to the entertainment of claim petitions and assessment of damages. A petition can be filed at the option of the claimant either in terms of Section 166(2) of the Motor Vehicles Act either before the Claims Tribunal having jurisdiction over the area in which the accident occurred or the Claims Tribunal having jurisdiction over the area where the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides. It is thus obvious that there are three different venues available. However, when the claimant files a petitio


























































































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