NEW INDIA ASSURANCE COMPANY Vs. RAKESH KUMAR & ANOTHER
LAWS(HPH)-2015-12-180
HIGH COURT OF HIMACHAL PRADESH
Decided on December 08,2015

NEW INDIA ASSURANCE COMPANY Appellant
VERSUS
Rakesh Kumar And Another Respondents

JUDGEMENT

- (1.) This appeal is directed against the award, dated 1st August, 2009, made by the Motor Accident Claims Tribunal (I), Kangra at Dharamshala (hereinafter referred to as "the Tribunal") in M.A.C. Petition No. 16-D/II- 2007, titled Rakesh Kumar versus Balwinder Kumar Sharma & another, whereby compensation to the tune of Rs. 1,23,559/- with interest @ 9% per annum from the date of filing of the claim petition till its realization, was awarded in favour of the claimant and the insurer- appellant herein came to be saddled with liability (hereinafter referred to as the "impugned award").
(2.) The claimant and owner-cum-driver/insured have not questioned the impugned award, on any count. Thus, it has attained finality so far it relates to them.
(3.) The insurer has not sought permission under Section 170 of the Motor Vehicles Act, 1988, for short 'the Act', thus cannot question the impugned award on other grounds, which are not available to it. However, I have gone through the impugned award. The findings recorded by the Tribunal are legally correct.;


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