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2023 Supreme(HP) 167

RAKESH KAINTHLA
Vishal Walia – Appellant
Versus
Oriental Insurance Company – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. P.S. Goverdhan, Senior Advocate with Mr. Rakesh Thakur, Advocate.
For the Respondents:Mr. Ashwani K. Sharma, Senior Advocate with Mr. Ishan Sharma, Advocate

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the award dated 28.7.2012, passed by the learned Motor Accident Claims Tribunal, (Fast Track Court), Solan (hereinafter referred to as ‘MACT, Solan), vide which the appellant (petitioner before the learned MACT) was held entitled to Rs.98,252/- along with interest @9% per annum from the date of filing of the petition till deposit of the amount. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the petitioner filed a claim petition before learned MACT seeking compensation of Rs.5,00,000/- for the injuries sustained by him in a motor vehicle accident involving the vehicles bearing registration no. HP-63-0862 and HP-14-1581. It was asserted that the petitioner was riding the scooter. Dinesh Kumar was sitting as a pillion rider. A truck bearing registration no. HP-63-0862 came from the opposite side and hit the scooter on the wrong side. The petitioner and the pillion rider sustained injuries. The driver of the truck ran away from the spot. Dinesh Kumar succumbed to his

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