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Himachal Pradesh High Court · body

2014 DIGILAW 1550 (HP)

United India Insurance Company Ltd. v. Tulsi Ram

2014-10-31

MANSOOR AHMAD MIR

body2014
JUDGMENT : Mansoor Ahmad Mir, J. The subject matter of this appeal is the judgment and award dated 29.5.2007, passed by the Motor Accident Claims Tribunal, Hamirpur, H.P. , for short “The Tribunal” in MAC Petition No. 7 of 2006 titled Shri Tulsi Ram vs. Anju Thakur and others, whereby compensation to the tune of Rs.41312/- with 9% interest came to be awarded in favour of the claimant and against respondent No.3, hereinafter referred to as “the impugned award”, for short, on the grounds taken in the memo of appeal. 2. Shri Tulsi Ram claimant-respondent herein had filed claim petition being the victim of a vehicular accident for the grant of compensation to the tune of Rs.7 lacs, as per the break ups given in the claim petition. 3. The claim petition was resisted and contested by the insurer, owner and driver. 4. The Tribunal awarded the compensation to the tune of Rs.41312/- with 9% interest per annum from the date of filing the petition till its realization. Feeling aggrieved, the insurer has questioned the impugned award on the ground that the offending vehicle was not being driven in terms of the route permit, the quantum of compensation and also on other grounds. 5. I have gone through the record. The route permit was valid and no breach is committed by the owner/insured. The impugned award is well reasoned. I wonder why the insurer has filed the appeal. 6. Having said so, the appeal is dismissed and the impugned award is upheld. Pending applications, if any also stand disposed of. 7. Send down the record, forthwith.