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HIMACHAL PRADESH HIGH COURT
Mansoor Ahmad Mir, CJ
Appellant / ownercumdriver of the offending vehicle – Appellant
Versus
National Insurance Company Ltd. – Respondent
| Table of Content |
|---|
| 1. facts of the case and award details. (Para 1 , 2) |
| 2. appellant's arguments against liability. (Para 3 , 4 , 5) |
| 3. court’s observations on compensation procedures. (Para 6 , 7 , 8 , 9 , 10) |
| 4. powers of the appellate court. (Para 12 , 17) |
| 5. modification of awards under procedural rules. (Para 24 , 28) |
| 6. interpretation of driving licence requirements. (Para 34 , 35 , 36 , 46) |
| 7. final orders and conclusions by the court. (Para 48 , 50 , 51 , 54) |
1. Subject matter of this appeal is judgment and award, dated 18th August, 2008, made by the Motor Accident Claims Tribunal, Hamirpur, H.P. (for short "the Tribunal") in MAC Petition No. 31 of 2007, titled as Smt. Kaulan Devi versus National Insurance Company Ltd. and another, whereby compensation to the tune of 61,050 / ? with interest @ 7.5% per annum from the date of filing of the petition till its realization came to be awarded in favour of the claimantinjured and ownercumdriver of the offending vehicle was saddled with liability (for short "the impugned award").
2. The insurer and claimantinjured have not questioned the impugned award on any count, thus, has attained finality so far it relates to them.
3. The appellant / ow
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