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2019 Supreme(HP) 1330

SURESHWAR THAKUR
United India Insurance Co. Ltd. – Appellant
Versus
Asha Devi – Respondent


Advocates Appeared:
Ashwani Sharma, Adv., Mayank Sharma, Adv., Kulwant Chauhan, Adv., Sanjeev Kumar Suri, Adv., Karan Veer Singh, Adv.

JUDGMENT

Sureshwar Thakur, J. - The Insurer of the offending vehicle, has, instituted the instant appeal before this Court, wherethrough, it, casts, a, challenge, upon, the award pronounced by the learned Motor Accident Claims Tribunal Una, District Una, H.P., upon, MACP No. 53/2017, as stood, cast therebefore, under, the provisions of Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act), (i) AND, whereunder, compensation amount, comprised in, a sum of Rs.8,78,792/-alongwith interest accrued thereon, at the rate of 9% per annum, was, hence ordered to thereon commence, from, the date of petition till realization thereof, rather stood, assessed, vis-a-vis, claimants, (ii) and, the apposite indemnificatory liability thereof, was, fastened upon the insurer/appellant herein.

2. The learned counsel appearing, for, the appellant/insurer, has, not contested, the, validity, of, rendition, of, affirmative findings, upon, issue No.1, hence appertaining to the demise of Balwant Chand, being a sequel of rash, and, negligent manner of driving of the offending vehicle, by Pawan Kumar, respondent No.5 herein.

3. The learned counsel appearing for the insurer has contended

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