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2016 Supreme(HP) 2162

MANSOOR AHMAD MIR
Dhani Devi – Appellant
Versus
Narender Bhardwaj – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Vikas Rathore, Proxy Advocate, and Mr. Jagdish Thakur, Advocate
For the Respondent:Mr. Inder Sharma, Advocate Mr. Jagdish Thakur, Advocate Mr. Vikas Rathore, Ms. Seema K. Guleria, Advocate

JUDGMENT :

MANSOOR AHMAD MIR, J.

1. Both these appeals are outcome of judgment and award dated 28.4.2012, made by the Motor Accident Claims Tribunal (I) Mandi, H.P., for short ?the Tribunal?, in Claim Petition No. 48 of 2009, titled Smt. Dhani Devi and others versus Sh. Narender Bhardwaj and others, , whereby compensation to the tune of Rs.5,62,600/- alongwith interest @ 7.5% came to be awarded in favour of the claimants and insurer was saddled with the liability, hereinafter referred to as ?the impugned award?, for short.

2. The claimants have questioned the impugned award by the medium of FAO No. 125 of 2013, on the ground of adequacy of compensation and the insurer has questioned the same by the medium of FAO No. 386 of 2012, on the ground that the Tribunal has fallen in an error in saddling it with the liability.

3. Following points arise for consideration in these appeals.

(i) Whether the insurer came to be rightly saddled with the liability?

(ii) Whether the amount awarded is inadequate?

4. The answer is in negative for the following reasons.

5. While going through the record, one comes to an inescapable conclusion that the insurer has already satisfied the own damage vehicle claim w

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