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2021 Supreme(HP) 837

SANDEEP SHARMA
National Insurance Company Limited – Appellant
Versus
Herinder, S/o Sh. Surajmani Prajapati – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Jagdish Thakur, Advocate
For the Respondent:Mr. Janesh Gupta, Mr. Sandeep Chauhan, Advocate

JUDGMENT :

Instant appeal filed under S.173 of Motor Vehicles Act (hereinafter, ‘Act’) lays challenge to award dated 28.11.2015, passed by Motor Accident Claims Tribunal Shimla, Himachal Pradesh in MAC Case No. 5-S/2 of 2013, whereby learned Tribunal below, while allowing claim petition having been filed by respondent No.1/claimant (hereinafter, ‘claimant’) directed appellant-insurance company to pay sum of Rs.8,77,570/- alongwith interest at the rate of 7.5 % from the date of filing of petition till deposit.

2. Precisely, the facts of the case, as emerge from the record, are that the claim petition under S.166 of the Act came to be instituted before Motor Accident Claims Tribunal, Shimla, Himachal Pradesh by claimant, seeking compensation on account of injuries/disability suffered by him in road accident involving vehicle bearing registration No. HP-01A-4268 against respondent Nos. 2 and 3 and appellant-insurance company being owner, driver and insurer, respectively of the vehicle involved in the accident. As per claimant, alleged accident took place on 5.11.2012 at about 6.15 pm at Hira Nagar, Shimla, while he was standing on the roadside. Vehicle bearing No. HP-01A- 4268 being dri

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