MANSOOR AHMAD MIR
United India Insurance Company Limited – Appellant
Versus
Samitra Devi – Respondent
JUDGMENT :
Mansoor Ahmad Mir, J.
Award, dated 28th July, 2007, made by the Motor Accident Claims Tribunal-II (Fast Track), Kullu, H.P. (hereinafter referred to as “the Tribunal”) in Claim Petition No. 106 of 2004, RBT. Cl. Pet. No. 40 of 2005, titled as Samitra Devi & others versus Smt. Kusum Sood & another, whereby compensation to the tune of Rs. 5,00,000/- with interest @ 9% per annum from the date of institution of the claim petition till realization of the same came to be awarded in favour of the claimants and against the insurer (hereinafter referred to as “the impugned award”), has given birth to both these appeals. Thus, I deem it proper to decide both these appeals by this common judgment.
2. The insurer has questioned the impugned award by the medium of FAO No. 325 of 2006 on the ground that the Tribunal has fallen in error in saddling it with liability.
3. The claimants have questioned the impugned award by the medium of FAO No. 24 of 2008 on the ground that the amount awarded is inadequate.
Brief facts:
4. The claimants, being the legal representatives of deceased Govind Ram, have claimed compensation as damages by the medium of Claim Petition No. 106 of 2004, RBT. Cl. Pet. No
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