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2015 DIGILAW 1796 (HP)

Sandeep Thakur v. Khema Sharma

2015-12-04

MANSOOR AHMAD MIR

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JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the judgment and award dated 28.2.2009, made by the Motor Accident Claims Tribunal Shimla, H.P. in MACC No. 22-S/2 of 2007, titled Shri Sandeep Sharma versus Smt. Khema Sharma and others, for short “the Tribunal”, whereby compensation to the tune of Rs.2,62,250/- alongwith interest @ 9% per annum was awarded in favour of the claimant and owner came to be saddled with the liability, hereinafter referred to as “the impugned award”, for short. 2. Respondents have not questioned the impugned award on any ground, thus it has attained finality so far it relates to them. 3. The claimant has not questioned the impugned award on the ground of adequacy of compensation, thus it has attained finality so far it relates to him with regard to adequacy of compensation. 4. The learned counsel for the claimant has argued that the Tribunal has fallen in an error in determining issue No.3 and discharging the insurer and saddling the owner with the liability. I wonder how this argument can be advanced by the claimant whose concern is only to get compensation either from the owner or from the insurer. The claimant is not, in fact, aggrieved by the impugned award. The owner should have filed the appeal, if at all, he was aggrieved. 5. Having said so, the appeal merits dismissal, is accordingly dismissed and the impugned award is upheld. 6. Registry is directed to release the amount in favour of the claimant, strictly, as per the terms and conditions contained in the impugned award, through payee’s cheque account. 7. Send down the record, forthwith, after placing a copy of this judgment.