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2016 Supreme(HP) 2412

MANSOOR AHMAD MIR
Avtar Singh – Appellant
Versus
Tilak Raj – Respondent


Advocates Appeared:
For the Appellant : Mr. Ramakant Sharma.
For the Respondents: Mr. P.S. Chandel.

JUDGMENT :

Mansoor Ahmad Mir, J.

Subject matter of this appeal is the judgment and award, dated 5th June, 2012, made by the Motor Accident Claims Tribunal, Hamirpur, H.P. (for short 'the Tribunal’) in MAC Petition No. 42 of 2008, titled as Tilak Raj versus Shri Avtar Singh & others, whereby compensation to the tune of Rs. 3,64,000/- with interest @ 7.5% per annum from the date of filing of the claim petition till its realization came to be awarded in favour of the claimant and appellant-owner was saddled with liability (for short 'the impugned award’).

2. The claimant, driver and insurer have not questioned the impugned award, on any count. Thus, it has attained finality, so far it relates to them.

3. The owner-insured has questioned the impugned award on the grounds taken in the memo of appeal.

4. Learned Counsel for the appellant-owner/insured argued that the Tribunal has fallen in an error in saddling him with the liability and the amount awarded is excessive.

5. Thus, the following questions are to be determined in this appeal :

1. Whether the Tribunal has rightly saddled the owne

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