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2016 DIGILAW 123 (HP)

Hans Raj Thakur v. Leela Wati

2016-02-26

MANSOOR AHMAD MIR

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JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the judgment and award dated 25.5.2009, made by the Motor Accident Claims Tribunal Ghumarwin, District Bilaspur, H.P. in MAC No. 19 of 2005/04, titled Leela Wati versus Hans Raj Thakur and others, for short “the Tribunal”, whereby compensation to the tune of Rs.55,000/- alongwith interest @7.5% per annum came to be awarded in favour of the claimant, hereinafter referred to as “the impugned award”, for short. 2. Owner and driver, by the medium of this appeal, have questioned the impugned award on the grounds taken in the memo of appeal. 3. The insurer and claimant have not questioned the impugned award on any ground. Thus, it has attained finality so far as it relates to them. 4. The insured has committed breach of the terms and conditions of the insurance policy read with the mandate of Sections 147 and 149 of the Motor Vehicles Act, for short the “Act”. The Tribunal has rightly made the discussion in paras 19 to 21 of the impugned award. 5. It appears that a meager amount has been awarded by the Tribunal in favour of the claimant who has sustained grievous injuries because she has lost her tooth and suffered fracture in the jaw, which is not disputed. 6. The amount awarded is too meager but unfortunately, the claimant has not questioned the same. Thus it is reluctantly upheld. 7. The insurer has to satisfy the impugned award with right of recovery from the owner. 8. Accordingly, the impugned award is upheld and the appeal is dismissed. 9. The insurer is directed to deposit the amount within 8 weeks from today. The Registry on deposit of the same 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, or by depositing the same in her bank account, after proper verification. 10. Send down the record forthwith, after placing a copy of this judgment.