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2016 DIGILAW 1236 (HP)

Oriental Insurance Company v. Khube Ram

2016-07-01

MANSOOR AHMAD MIR

body2016
JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against judgment and award, dated 3rd March, 2011, made by the Motor Accident Claims Tribunal (I), Mandi, H.P. (for short "the Tribunal") in Claim Petition No. 69 of 2008, titled as Khube Ram versus Chet Ram and others, whereby compensation to the tune of Rs.25,160/- with interest @ 9% per annum from the date of the petition till its realization came to be awarded in favour of the claimant-injured and against the insurer (for short “the impugned award”). 2. The claimant-injured, owner-insured and driver of the offending vehicle have not questioned the impugned award on any count, thus, has attained finality so far it relates to them. 3. The appellant-insurer has questioned the impugned award by the medium of the appeal in hand. 4. It pains me to record herein that only a meager compensation amounting to Rs.25,160/- has been awarded in favour of the claimant-injured. Even liability of the insurer under 'No Fault Liability' is Rs.25,000/- and for this petty amount, the claimant-injured has been deprived of his rights right from the year 2007 till today, is an eye opener for the appellant-insurer. 5. However, I have gone through the discussions made by the Tribunal in paras 15 to 26 of the impugned awards and am of the considered view that the Tribunal has rightly saddled the insurer with liability. The amount awarded is rather inadequate, but the claimant-injured has not questioned the same and even has not made a submission, thus, is upheld. 6. Having said so, the impugned award is upheld and the appeal is dismissed. 7. Registry is directed to release the awarded amount in favour of the claimant-injured strictly as per the terms and conditions contained in the impugned award through payee's account cheque or by depositing the same in his bank account. 8. Send down the record after placing copy of the judgment on the Tribunal's file.