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2018 Supreme(HP) 627

SURESHWAR THAKUR
United India Insurance Company Ltd. – Appellant
Versus
Meena Devi – Respondent


Advocates Appeared:
For the Appellant : Mr. Ashwani K. Sharma, Mr. Jeevan Kumar
For the Respondent: Mr. Ramakant Sharma, Ms. Soma Thakur, Mr. Amit Jamwal, Mr. Ajay Sharma, Mr. Vaibhav Tanwar

JUDGMENT :

Sureshwar Thakur, J.

The Insurer of the offending vehicle, has, instituted the instant appeal before this Court, where through, it, casts challenge, upon, the award pronounced by the learned Motor Accident Claims Tribunal (II), Kangra at Dharamshala, H.P., upon, MACP No. 5-I/II/2013/2009, whereunder, compensation amount comprised, in, a sum of Rs.18,73,000/- along with costs, and, interest accrued thereon, at the rate of 8% per annum, from, the date of petition till realization thereof, stood, assessed, vis-a-vis, the claimants, and, the apposite indemnificatory liability thereof, was, fastened upon the insurer.

2. Deceased Yodh Raj, as, unfolded by the apt postmortem report, borne in P-2, met his demise, in sequel, to, a road side accident. The claimants are his dependents/successors-in-interest. The learned counsel appearing for the insurer does not contest the validity, of, the apt affirmative findings, rendered by the learned tribunal, upon, the apposite issue appertaining, to, the demise of one Yodh Raj, rather being a sequel of rash and negligent manner, of, driving of the offending vehicle by its driver, nor he contests the fastening, of, the apt indemnificatory liab









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