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2014 DIGILAW 1943 (HP)

United India Insurance Company Ltd. v. Salima Devi

2014-12-19

MANSOOR AHMAD MIR

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JUDGMENT : Mansoor Ahmad Mir, J. These appeals are outcome of a motor vehicular accident, which was caused by the driver, namely Shri Khushi Ram Sharma, while driving bus, bearing registration No. HP-22-5785, on 25th November, 2005, near Village Amb (Pathiar) in District Kangra, rashly and negligently. Thus, I deem it proper to dispose of all these appeals by this common judgment. 2. FAO No. 173 of 2007 is directed against the award, dated 17th February, 2007, made by the Motor Accident Claims Tribunal, Hamirpur (for short "the Tribunal") in MAC No. 09 of 2006, titled as Salima Devi & others versus Anju Thakur & others, whereby compensation to the tune of Rs. 5,76,000/- with interest @ 9% per annum from the date of the petition till its realization came to be awarded in favour of the claimants and the appellant-insurer came to be saddled with liability (for short "the impugned award-I"), on the grounds taken in the memo of appeal. 3. By the medium of FAO No. 174 of 2007, the appellant-insurer has questioned the award, dated 17th February, 2007, made by the Tribunal in MAC No. 11 of 2006, titled as Urmila Devi & others versus Anju Thakur & others, whereby compensation to the tune of Rs. 3,16,800/- with interest @ 9% per annum from the date of the petition till its realization came to be awarded in favour of the claimants and the appellant-insurer came to be saddled with liability (for short "the impugned award-II"), on the grounds taken in the memo of appeal. 4. FAO No. 175 of 2007 is directed against the award, dated 17th February, 2007, made by the Tribunal in MAC No. 04 of 2006, titled as Smt. Ram Rakhi & others versus Anju Thakur & others, whereby compensation to the tune of Rs.3,03,700/- with interest @ 9% per annum from the date of the petition till its realization came to be awarded in favour of the claimants and the appellant-insurer came to be saddled with liability (for short "the impugned award-III"), on the grounds taken in the memo of appeal. 5. The claimants, the driver and the owner-insured have not questioned the impugned awards on any count, thus, have attained finality so far it relate to them. 6. The appellant-insurer has questioned the impugned awards on the grounds that the Tribunal has wrongly saddled the appellant-insurer with liability. 7. 5. The claimants, the driver and the owner-insured have not questioned the impugned awards on any count, thus, have attained finality so far it relate to them. 6. The appellant-insurer has questioned the impugned awards on the grounds that the Tribunal has wrongly saddled the appellant-insurer with liability. 7. Learned counsel for the respondents stated at the Bar that this Court has already determined one appeal, which is also outcome of the same accident, being FAO No. 278 of 2007, titled as United India Insurance Company Ltd. versus Shri Tulsi Ram and others, decided on 31.10.2014, in terms of which the insurer has been saddled with liability, the insurer has not questioned the same, thus, has attained finality. 8. I have gone through the judgment (supra) and the findings returned, have not been questioned by the insurer. Thus, the findings returned by the Tribunal in all these awards are to be upheld in view of the judgment (supra). 9. Perused the entire record. The Tribunal has rightly recorded the findings on all issues in view of the judgment (supra), need no interference. 10. At this stage, learned counsel for the appellant(s)-insurer stated at the Bar that the compensation awarded in all the cases is excessive. 11. I have examined the averments made in all the claim petitions and am of the considered view that the Tribunal has rightly assessed the compensation, which is just and proper, cannot be said to be excessive in any way. 12. Having said so, the argument of the learned counsel for the appellant(s) is not tenable. 13. Viewed thus, all the appeals deserve dismissal, are accordingly dismissed and the impugned awards are upheld. The judgment (supra) shall form part of this judgment also. 14. Registry is directed to release the awarded amount in favour of the claimants strictly as per the terms and conditions contained in the respective impugned awards after proper identification. 15. Send down the record after placing copy of the judgment on Tribunal's file and on each of the appeals.