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2016 Supreme(HP) 2159

MANSOOR AHMAD MIR
Oriental Insurance Company – Appellant
Versus
Parveen – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.G.C. Gupta, Sr. Advocate with Ms. Meera Devi, Advocate
For the Respondent:Mr.Tek Chand Sharma, Advocate

JUDGMENT :

Mansoor Ahmad Mir, J.

1. This appeal is directed against the judgment and award dated 8.6.2011, passed by the Motor Accident Claims Tribunal, Shimla, H.P. hereinafter referred to as ?the Tribunal?, for short, in MAC Petition No.22-S/2 of 2011/05, titled Sh. Parveen versus Sh. Anup Thakur and another, whereby compensation to the tune of Rs.4,90,000/- alongwith interest @ 8% per annum with costs assessed at Rs.5,000/- came to be awarded in favour of the claimant and insurer was saddled with the liability, for short ?the impugned award?, on the grounds taken in the memo of appeal.

2. Claimant and owner-cum-driver have not questioned the impugned award on any ground, thus it has attained the finality, so far as it relates to them.

3. The insurer has questioned the impugned award on the grounds taken in the memo of appeal.

4. The claimant, by the medium of claim petition, under Section 166 of the Motor Vehicles Act, for short ?the Act? had invoked the jurisdiction of the Tribunal for the grant of compensation to the tune of Rs.19,24,950/-, as per the break-ups given in the claim petition, on account of the injuries suffered by him in a motor vehicle accident occurred on 30.7.2004,

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