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2016 Supreme(HP) 2219

MANSOOR AHMAD MIR
Bajaj Allianz General Insurance Company Limited – Appellant
Versus
Aman – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Aman Sood, Advocate
For the Respondent:Mr. Vishal Bindra, Advocate, Mr. Sanjay K. Sharma, Advocate Mr. B.R. Sharma, Advocate

JUDGMENT :

Mansoor Ahmad Mir, J.

1. Both these appeals are outcome of a common award, thus, I deem it proper to determine both these appeals by this common judgment.

2. Subject matter of these appeals is award, dated 24th August, 2011, made by the Motor Accident Claims Tribunal, Shimla, H.P. (for short ?the Tribunal?) in M.A.C. Petition No. 41-S/2 of 2008, titled as Sh. Aman versus Sh. Neeraj Dewan and others, whereby compensation to the tune of Rs. 10,48,000/- with interest @ 8% per annum from the date of the claim petition till its realization came to be awarded in favour of the claimant-injured and the insurer was directed to satisfy the award with right of recovery (for short ?the impugned award?).

3. The owner-insured and driver of the offending vehicle have not questioned the impugned award on any count, thus, has attained finality so far it relates to them.

4. The insurer has questioned the impugned award by the medium of FAO No. 391 of 2011 on the grounds taken in the memo of the appeal.

5. The claimant-injured has also called in question the impugned award by the medium of FAO No. 91 of 2012 on the ground of adequacy of compensation.

6. Thus, following points arise for determinat

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