LAWS(HPH)-2014-9-78

RAJEEV CHAUHAN Vs. HARI CHAND BRAMTA

Decided On September 19, 2014
Rajeev Chauhan Appellant
V/S
Hari Chand Bramta Respondents

JUDGEMENT

(1.) Both these appeals are outcome of a common award, dated 15.03.2008, made by the Motor Accident Claims Tribunal, Shimla (hereinafter referred to as "the Tribunal") in MAC Petition No. 36-S/2 of 2005, titled Shri Hari Chand Bramta versus Shri Rajeev Chauhan & others, whereby and whereunder compensation to the tune of Rs. 2,69,676/- with interest @ 7.5% per annum from the date of filing of the claim petition till its realization, came to be awarded in favour of the claimant and against the insurer- National Insurance Company Limited, with right of recovery from the driver and the insured-owner, hereinafter referred to as "impugned award".

(2.) The owner-insured has questioned the impugned award by the medium of FAO No. 343 of 2008, on the ground that the Tribunal has fallen in error in saddling him with liability.

(3.) By the medium of FAO No. 412 of 2008, the insurer-Insurance Company has questioned the impugned award on the ground that the Tribunal has fallen in error in asking it to satisfy the impugned award.