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2023 Supreme(HP) 439

VIRENDER SINGH
New India Assurance Company Limited – Appellant
Versus
Sandeep Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Praneet Gupta, Advocate.
For the Respondent:Mr. Neel Kamal Sharma, Advocate, Mr. Suneet Goel, Advocate

JUDGMENT :

Virender Singh, J.

Appellant-The New India Assurance Company Limited has filed the present appeal, under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the ‘M.V. Act’) against the award dated 30.03.2013, passed by learned Motor Accident Claims Tribunal, Hamirpur, District Hamirpur, H.P. (hereinafter, referred to as the ‘learned MACT’) in MAC Petition No. 18 of 2009, titled as Sandeep Kumar vs. Vinod Kumar and others.

2. By way of award dated 30.03.2013, the learned MACT has allowed the petition filed by respondent No.1 Sandeep Kumar under Section 166 of the M.V. Act and passed the following award:-

    “33. In view of my discussion on the issues above, the petition is allowed with costs and the petitioner is awarded Rs.3,22,800/- (Rupees three Lac twenty two thousand eight hundred only) as compensation alongwith interest at the rate of 7.5% per annum from 29.02.2012, that is, the date when respondent No.3 Sunil Kumar was added as party to this petition, till the payment is made. This amount includes the interim compensation, if any, awarded to the petitioner under Section 140 of the Motor Vehicles Act. The amount in question shall be paid by respondent N

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