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2022 Supreme(UK) 355

SHARAD KUMAR SHARMA
New India Assurance Company Limited – Appellant
Versus
Mahesh Kanyal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. V.K. Kohli, Senior Advocate, assisted by Mr. Kanti Ram Sharma, Advocate
For the Respondent:Mr. Devesh Upreti, Advocate, Mr. Neeraj Upreti, Advocate

JUDGEMENT :

Sharad Kumar Sharma, J.

These two Appeal from Orders, preferred by the Insurance Company, are by invoking the provisions contained under Section 173 of the Motor Vehicle Act, 1988 (hereinafter to be referred as an “Act”), whereby they are putting a challenge to the judgement and award, as it has been rendered by the learned Motor Accident Claim Tribunal / Additional District Judge, Khatima, District Udham Singh Nagar, in MACP Case No. 308 of 2012, Mahesh Kanyal Vs. Bhure Khan and others, whereby, by the impugned award of 30th September, 2014, as well as the judgment and award dated 30.09.2014, as rendered in MACT Case No. 313 of 2012, Nanda Kanyal Vs. Bhure Khan and others, awarding an amount of Rs.1,38,229/- with an interest @ 7.5% payable w.e.f. 22.08.2012, i.e. date of presentation of the Claim Petition. The learned Motor Accident Claim Tribunal (hereinafter to be referred as “the Tribunal”), had proceeded to award an amount of Rs.66,89,757/- and Rs.1,38,229/- respectively to the claimants, which has been subjected to challenge to the present Appeal from Order.

2. Before venturing to answer the questions raised by the learned Senior Counsel for the appellant, while put

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