Research › Search › Judgment

Himachal Pradesh High Court · body

2015 DIGILAW 1313 (HP)

Laxmi Bhardwaj v. Lalit Kumar

2015-09-18

MANSOOR AHMAD MIR

body2015
JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the award, dated 31st March, 2008, passed by the Motor Accident Claims Tribunal-I, Sirmaur District at Nahan, H.P., (for short, the Tribunal), in Claim Petition No.32-MAC/2 of 2005, titled Lalit Kumar vs. Laxmi Bhardwaj and others, whereby compensation to the tune of Rs.1,26,988/-, with interest at the rate of 7.5% per annum from the date of filing of the Claim Petition till realization, came to be awarded in favour of the claimant (respondent No.1 herein) and the insured/appellant came to be saddled with the liability, (for short the impugned award). 2. The insurer, the driver and the claimant have not questioned the impugned award on any count, thus, the same has attained finality so far as it relates to them. 3. The insured/appellant has questioned the impugned award on the grounds taken in the memo of appeal. 4. The main ground urged in the appeal was that the Tribunal has wrongly fastened the liability on the insured/appellant. 5. Therefore, on the last date of hearing, the learned counsel for the appellant/owner was asked to show whether the vehicle was insured at the relevant point of time and the insurer can be saddled with the liability. Today, the learned counsel for the appellant frankly conceded that he was not in a position to get the copy of the insurance policy. Therefore, no other conclusion can be drawn than the one taken by the Tribunal that the offending vehicle was not insured at the relevant point of time. 6. I have gone through the impugned award, the same is speaking one and needs no interference. 7. Having said so, there is no merit in the appeal filed by the appellant/owner and the same is dismissed. 8. The Registry is directed to release the entire amount in favour of the claimant forthwith.