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2015 Supreme(HP) 1792

MANSOOR AHMAD MIR
Meera Balnota – Appellant
Versus
New India Assurance Company – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Y.P. Sood, Ms. Aruna Chauhan.
For the Respondents: Mr. Ashwani K. Sharma, Ms. Monika Shukla.

JUDGMENT :

MANSOOR AHMAD MIR, J.

1. All these appeals are directed against a common award dated 27.8.2014, made by the Motor Accident Claims Tribunal, Shimla (HP) Circuit Court Theog in two separate claim petitions, i.e., MAC Petition No. 87-T-2 of 2013/09 titled Bishan Singh and another versus Smt. Meera Balnota and others and MAC Petition No. 86-T-2 of 2013/09 titled Sita Ram and another versus Smt. Meera Balnota and others, for short “the Tribunal”, whereby compensation to the tune of Rs.11,30,000/- with 5000/- costs and interest @7.5% per annum came to be awarded in favour of the claimants in each of the claim petitions and insurer was directed to satisfy the award with right of recovery from the insured, hereinafter referred to as “the impugned award”, for short.

2. Insurer, driver Rakesh Kumar and claimant Bishan Singh in MAC Petition No. 87-T-of 2013-09 have not questioned the impugned award on any ground, thus it has attained finality so far it relates to them.

3. The insured/owner Meera Balnota has questioned the impugned award by the medium of FAO No. 47 of 2015 and FAO No. 50 of 2015, on the ground that the Tribunal has fallen in an error in granting the right of recovery to

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