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2016 Supreme(HP) 2411

VIVEK SINGH THAKUR
ICICI Lombard General Insurance Co. – Appellant
Versus
Bimla Devi – Respondent


Advocates Appeared:
For the Petitioner: Mr. Jagdish Thakur.
For the Respondents:Mr. Karan Singh Kanwar, Mr. Janesh Gupta, Advocate, vice Mr. I.N. Mehta.

JUDGMENT :

Vivek Singh Thakur, J.

Present petition has been filed by petitioner Insurance Company assailing the award dated 9.3.2010, passed by the Motor Accident Claims Tribunal-II, Solan (hereinafter referred to as the MACT) in MAC Petition No. 17-NL/2 of 2009, vide which respondent No. 1/claimant has been awarded compensation of Rs. 10,00,000/- for her disability suffered on account of accident dated 11.12.2008 during her travel in Bus No. HP-64-4697 owned by respondent No. 2 and being driven by respondent No. 3.

2. I have heard learned counsel for the parties and perused documents placed on record.

3. Learned counsel for petitioner-Company submits that in present petition impugned award has been assailed on the ground of perversity and in view of ratio laid down by this Court in National Insurance Company Ltd. Vs. Soma Devi 2003 ACJ 1919 and New India Assurance Co. Ltd. Vs. Prem Chand and others, 2008 (1) ACJ 679, present petition is maintainable against the award passed by the MACT.

4. In Soma Devi’s case, referred supra, Full Bench of this Court has held as under:-

“15. It, the

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