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2023 Supreme(HP) 246

VIRENDER SINGH
National Insurance Company Limited – Appellant
Versus
Razia – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Jagdish Thakur, Advocate.
For the Respondents:Mr. Jai Ram Sharma, Advocate, vice Mr. Gaurav Gautam, Advs.

JUDGMENT :

Virender Singh, J.

Appellant-Insurance Company has filed the present appeal, under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the ‘MV Act’) against award, dated 3rd April, 2017, passed by the learned Motor Accident Claims Tribunal-II, Solan, District Solan, H.P., Camp at Nalagarh (hereinafter referred to as the ‘learned MACT’).

2. By way of the award, dated 3rd April, 2017, the claim petition filed by respondents No. 1 and 2 (claimants), against respondents No. 3 (owner) and 4 (driver), and the appellant (insurer), has been allowed, by awarding compensation, to the tune of Rs. 14,49,000/-, alongwith 9% interest per annum, from the date of filing of the petition, till the realization of the amount.

3. However, the ultimate liability to pay the amount of compensation, alongwith up-to-date interest, has been fastened upon the appellant, being insurer of the offending vehicle.

4. For the sake of convenience, the parties to the lis are hereinafter referred to, in the same manner, in which, they were referred to, by the learned MACT.

5. Brief facts, leadi


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