PARTAP CHAND Vs. HARINDER KUMAR

JUDGEMENT

(1.) BOTH these appeals are directed against the award, dated 1st April, 2008, passed by the Motor Accident Claims Tribunal, Chamba, (for short, the Tribunal), in Claim Petition No.31 of 2007, titled Harinder Kumar vs. Partap Chand and others, whereby compensation to the tune of Rs.8,93,230/ -, with interest at the rate of 9%, from the date of filing of the Claim Petition till realization, was awarded in favour of the claimantinjured, and the insurer was saddled with the liability, with right of recovery, (for short, the impugned award).

(2.) THE owner -insured has questioned the impugned award by the medium of FAO No.308 of 2008 on the ground that the Tribunal has fallen in error in granting the right of recovery in favour of the insurer.

(3.) THE insurer has challenged the impugned award by way of FAO No.353 of 2008 on the ground that the amount awarded is excessive and the amount was to be satisfied by the owner/insured, without asking the insurer to indemnify at the first instance.