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2019 Supreme(HP) 1930

SURESHWAR THAKUR
New India Assurance Company Ltd. – Appellant
Versus
Bhuvnesh Thakur – Respondent


Advocate Appeared:
For the Appellant :Mr. Ashwani Sharma, Sr. Advocate with Mr. Jeevan Kumar, Advocate.
For the Respondent:Ms. Megha Kapur Gautam, Advocate, Mr. Dushyant Dadwal and Mr. Subhash Chander, Advocates.

JUDGMENT :

Sureshwar Thakur, J.

The Insurer of the offending vehicle, has, instituted the instant appeal before this Court, wherethrough, it, casts, a, challenge, upon, the award pronounced by the learned Motor Accident Claims Tribunal, Bilaspur, upon, Claim Petition No. 36/2 of 2016, as stood, cast therebefore, under, the provisions of Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act), (i) AND, whereunder, compensation amount comprised, in, a sum of Rs.47,97,424/- alongwith interest accrued thereon, at the rate of 7.5% per annum, and, commencing from, the date of petition till realization thereof, stood, assessed, vis-a-vis, claimants, (ii) and, the apposite indemnificatory liability thereof, was, fastened upon the insurer/appellant herein.

2. The learned counsel appearing, for, the appellant/insurer, has, not contested, the, validity, of, rendition of affirmative findings, upon, issue No.1, hence appertaining to the demise of Poonam Kumari, being a sequel of rash, and, negligent manner of driving of the offending vehicle, by respondent No.4 herein, nor he has contested the validity of fastening of the apposite indemnificatory liability, upon, the insur

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