National Insurance Company Ltd vs Smt. Gayatri & Others on 7 October, 2016

[Cites 1, Cited by 1]

Himachal Pradesh High Court

National Insurance Company Ltd vs Smt. Gayatri & Others on 7 October, 2016

Bench: Mansoor Ahmad Mir

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                    .
                            FAO No. 43 of 2012





                            Decided on : 07.10.2016.
     _________________________________________________
     {




     National Insurance Company Ltd.          .....Appellant





                    Versus
     Smt. Gayatri & others                   ...Respondents
     _________________________________________________




                                         of
         Coram:
     The Hon'ble Mr. Justice Mansoor Ahmad Mir, Chief Justice
     Whether approved for reporting ?     Yes.
                    rt
         For the Appellant :            Mr. Ramakant Sharma, Senior
                                        Advocate with Ms. Soma Thakur,

                                        Advocate.

         For the Respondents:
                           Mr. H.S. Rangra, Advocate, for
                           respondent No. 1.


     ___________________________________________________
     Mansoor Ahmad Mir, Chief Justice (oral)

This appeal is directed against the award, dated 5th November, 2011, passed by the Motor Accident Claims Tribunal (II), Mandi, H.P. (for short, "the Tribunal") in Claim Petition No. 24 of 2007, titled as Gayatri & others versus Goverdhan Singh & another, whereby compensation to the tune of Rs.4,79,000/-

with interest @ 10% per annum from the date of the award till its realization came to be awarded in favour ::: Downloaded on - 15/04/2017 21:23:00 :::HCHP 2 of the claimants and the insurer came to be saddled .

with liability (for short "the impugned award").

2. The claimants and the owner-insured of the offending vehicle have not questioned the impugned award, thus, has attained finality so far it relates to of them.

3. rt The appellant-insurer has questioned the impugned award on the ground that the Tribunal has fallen in an error in saddling it with liability.

4. This Court in a batch of FAOs, FAO No.187 of 2009, titled as National Insurance Company Limited versus Smt. Sunita Devi & others, decided on 17.04.2012, being the lead case, which were outcome of the same accident, has already determined the said issue, whereby and where under the insurer came to be saddled with liability. The Judgment, supra, is made part of the file.

5. In view of the above, the impugned award is upheld and the appeal is dismissed.

2 ::: Downloaded on - 15/04/2017 21:23:00 :::HCHP 3

6. Send down the record after placing copy of .

the judgment on the Tribunal's file.







     October 7, 2016                        (Mansoor Ahmad Mir),
          (hemlata)                                Chief Justice




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