In the authority titled as Ketal Singh vs. Narinder Kumar & Ors., the
Hon'ble High Court of Himachal Pradesh in paras no.11, 12 & 13 has held as
under:-
5. The learned counsel for the appellant relied upon the judgment of
this Court in the case of National Insurance Company Limited Vs.
T.Elumalai and another, reported in CDJ 1989 MHC 224, and the
decision of the Himachal Pradesh High Court in the case of Ketal Singh
Vs. Narinder Kumar and others, reported in CDJ 2015 HPHC 249, in
support of his submission. The learned counsel, therefore, submitted that
the direction to recover the compensation from the appellant is liable to be
set aside.