LAWS(HPH)-2014-7-22

RAJESH KUMAR Vs. SURINDER KUMAR

Decided On July 04, 2014
RAJESH KUMAR Appellant
V/S
SURINDER KUMAR Respondents

JUDGEMENT

(1.) THIS appeal (FAO No. 259 of 2007) alongwith sister writ petition No. 1514 of 2007 are outcome of a common judgment and award dated 12.4.2007, hence taken up together for disposal by this common judgment.

(2.) THROUGH the medium of the appeal, the claimant has invoked the jurisdiction of this Court, in terms of Section 173 of the Motor Vehicles Act, for short "the Act, against the judgment and award made by the learned Motor Accidents Claims Tribunal, Solan in MAC Petition No. 20 -S/2 of 2006, whereby compensation to the tune of Rs. 3,69,968/ - with 7.5% interest came to be awarded in favour of the claimant/appellant and against insurer/respondent No. 3, for short "the impugned award".

(3.) THE insurer -writ petitioner, through the medium of the writ petition under Article 226 and 227 of the Constitution of India has questioned the impugned award on the ground that the insurer is not liable and impugned award is excessive.