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Himachal Pradesh High Court · body

2016 DIGILAW 2296 (HP)

National Insurance Company Ltd. v. Ashwani Kumar

2016-10-28

MANSOOR AHMAD MIR

body2016
JUDGMENT : Mansoor Ahmad Mir, J. 1. This appeal is directed against the award, dated 18th October, 2011, passed by the Motor Accident Claims Tribunal, Hamirpur, H.P. (for short “the Tribunal”) in MAC Petition No. 20 of 2008, titled Ashwani Kumar vs. Ram Parkash Chouhan & Others, whereby a sum of Rs.2,72,156/- alongwith interest at the rate of 7.5% per annum came to be awarded as compensation in favour of the claimant and the insurer came to be saddled with the liability, with right of recovery from the owner (for short the “impugned award”). 2. The claimant, the owner and the driver have not questioned the impugned award on any count, has attained finality so far it relates to them. 3. Feeling aggrieved, the insurer has challenged the impugned award by way of instant appeal, on the grounds taken in the memo of appeal. 4. The deceased was a third party. Therefore, the Tribunal has rightly directed the insurer to satisfy the impugned award at the first instance and recover the same from the owner. I wonder why the insurer has filed the instant appeal. 5. Having said so, the impugned award is upheld and the appeal is dismissed. 6. Registry is directed to release the award amount in favour of the claimant, through payees’ account cheque or by depositing the amount in his bank account. 7. Send down the record after placing copy of the judgment on the Tribunal's file.