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2015 DIGILAW 404 (HP)

Chamel Singh (Since deceased) through LRs. Rajeshwar Pathania v. Raj Kumar (Since deceased) through LRs. Kamlesh Kumari

2015-04-24

MANSOOR AHMAD MIR

body2015
JUDGMENT Mansoor Ahmad Mir, J. 1. The awards, impugned in these appeals, are the outcome of one accident caused by respondent/driver Satish Kumar, while driving bus bearing No.HP-40-5537 rashly and negligently, on 28.1.2004, as a result of which the offending bus rolled down the road in the area of Lakhwan on Kalkhar-Ner Chowk highway. Therefore, all the appeals are being disposed of by this common judgment. FAO Nos. 68 of 2009, 69 of 2009 and 70 of 2009 2. By the medium of these appeals, the insurer/appellant has challenged the awards, passed by the Motor Accident Claims Tribunal (I), Kangra at Dharamshala, whereby compensation was awarded in favour of the claimants and the insurer was saddled with the liability. FAO Nos. 418 of 2007, 419 of 2007, 420 of 2007, 421 of 2007, 422 of 2007, 423 of 2007 and 424 of 2007 3. These appeals have been preferred by the owner/insured against the awards passed by Motor Accident Claims Tribunal, Mandi, H.P. vide which the claim petitions filed by the claimants were allowed and the insurer was saddled with the liability, with a right of recovery. 4. At the very threshold, it is apt to place on record that the insurer had filed the appeals, being FAO Nos.77 of 2012, 75 of 2012 and 78 of 2012, against the awards made by the Tribunal, which were also the outcome of the same accident. The said appeals were dismissed by this Court by holding that the insurer has failed to prove that the insured had committed any breach and that the insurer was rightly saddled with the liability. 5. During the course of hearing, it was stated by the learned counsel for the parties that till today, the judgment of this Court, dated 1st August, 2014, passed in FAO No.77 of 2012 and connected matters, has not been challenged, and thus, the same has attained finality. 6. Accordingly, the appeals filed by the insurer i.e. FAO Nos. 68 of 2009, 69 of 2009 and 70 of 2009 are liable to be dismissed in view of the judgment of this Court, referred to above. The Registry is directed to release the compensation amount in favour of the claimants strictly in terms of the impugned awards. 7. In view of the above, FAO Nos. 68 of 2009, 69 of 2009 and 70 of 2009 are liable to be dismissed in view of the judgment of this Court, referred to above. The Registry is directed to release the compensation amount in favour of the claimants strictly in terms of the impugned awards. 7. In view of the above, FAO Nos. 418 of 2007, 419 of 2007, 420 of 2007, 421 of 2007, 422 of 2007, 423 of 2007 and 424 of 2007 are to be allowed and the impugned awards are to be modified with the direction that the insurer has to be saddled with the liability and has to indemnify the compensation. Ordered accordingly. The insurer is directed to deposit the amount of compensation within a period of eight weeks from today and thereafter, the same be released in favour of the claimants strictly in terms of the impugned awards. 8. The Registry is directed to release the amount, if any, deposited by the insured/owner, in his favour, through his payee’s account cheque. 9. All the appeals stand disposed of accordingly, alongwith pending CMPs, if any. 10. The Registry is directed to place a copy of this judgment on the record of each file.