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2021 Supreme(HP) 798

SANDEEP SHARMA
UNITED INDIA INSURANCE COMPANY LIMITED, THROUGH ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, TIMBER HOUSE, CIRCULAR ROAD, SHIMLA, H. P. – Appellant
Versus
MOHAN SINGH SON OF SHRI BIRMA CHAND – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. P.S.CHANDEL, ADVOCATE
For the Respondent:MR. K.R. KASHYAP, MR. H.C.SHARMA, ADVOCATE, MR. B.S. THAKUR, ADVOCATE

JUDGMENT :

Instant appeal under Section 173 of Motor Vehicles Act, lays challenge to impugned award dated 01.12.2017 in MAC Petition No.98-R/2 of 2016, titled Mohan Singh vs. Sh. Praksh Chand & others, passed by learned Motor Accident Claims Tribunal-II, Kinnaur at Rampur Bushehar, Himachal Pradesh, whereby tribunal below while allowing the claim petition having been filed by petitioner-claimant (hereinafter referred to as ‘claimant’) under Section 166 of Motor Vehicles Act (for short ‘Act’) saddled appellant/Insurance Company with liability to pay compensation to the tune of Rs.1,02,000/- on account of injuries sustained by the complainant in the road accident along with interest @ 9% per annum from the date of petition till realization.

2. Precisely, the facts of the case, as emerge from the record are that claimant instituted petition under Section 166 of the Act, claiming therein compensation to the tune of Rs.9 lac. on account of injuries sustained by him in the road accident. Claimant averred in the petition that on 14.12.2015, he was travelling in Maruti Car bearing No. HP-01-2979, being driven by late Surender Kumar, rashly and negligently. He alleged that on the date of acci

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