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2018 Supreme(HP) 915

SURESHWAR THAKUR
Keshav Kapil – Appellant
Versus
Santosh Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Ramakant Sharma, Mr. Sanjay Jaswal
For the Respondents: Mr. V.S. Thakur, Mr. Ashwani K. Sharma, Mr. Subhash, Mr. Ramakant Sharma

JUDGMENT :

Sureshwar Thakur, J.

The learned Motor Accidents Claims Tribunal-II, Hamirpur, H.P., had, vis-a-vis the injured-claimant Santosh Kumar, hence, computed compensation, borne in a sum of Rs.2,82,391/-, along with interest, at, the rate of 7.5% per annum, from, the date of institution of petition, till its final realization. The indemnificatory liability thereof, was, burdened jointly and severally, upon, the owner and driver, of, the offending vehicle. The owner, and, the driver of the offending vehicle, are, aggrieved by the award pronounced by the learned Tribunal in MAC Petition No. 17/13 RBT No.10/13, 55/14, hence, they respectively institute, the aforesaid appeals, before this Court.

2. The learned counsel(s) appearing, for the appellants, whereon whom, the apt indemnificatory liability stands fastened, contend with much vigour, (i) that the fastening of the apt indemnificatory liability being stained with a gross vice, of, fallibility, and, further rest their submission(s), upon, (ii) with the Hon'ble Apex Court, in, a case titled as Deddappa and Ors. v. The Branch Manager, National Insurance Co. Ltd., reported in 2007 AIR SCW 7948, the relevant paragraph No. 26 whereof,











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