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2019 Supreme(HP) 80

SURESHWAR THAKUR
United India Insurance Company Ltd. – Appellant
Versus
Bana Pati – Respondent


Advocates:
Advocate Appeared:
Ashwani K Sharma, Adv., Ishan Sharma, Adv., Mehar Chand, Adv., Jitender P Ranote, Adv., Varun Rana, Adv.

JUDGMENT :

SURESHWAR THAKUR, J.

1. The Insurer of the offending vehicle, has, instituted the instant appeal before this Court, where through, it, casts, a, challenge, upon, the award pronounced by the learned Motor Accident Claims Tribunal-II, Kinnaur at Rampur Bushehar, H.P., upon, MAC Petition No. 0100069 of 2013, (i) whereunder, compensation amount comprised, in, a sum of Rs.21,06, 312/- alongwith interest accrued thereon, at the rate of 7.5% per annum, and, commencing 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/appellant herein.

2. The learned counsel appearing or the appellant/insurer, has contended (i) that the fastening of apposite indemnificatory liability, upon, insurer being ill-founded, (ii) given the offending vehicle, hence not, in contemporaneity with the ill-fated occurrence, rather possessing a valid registration certificate, and, fitness certificate, for, hence it being plied on the relevant road, (iii) thereupon, hence fundamental breach, of, the terms and conditions of the insurance policy, obviously surging forth, (iv) and, consp






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