LAWS(HPH)-2024-3-7

UNITED INDIA INSURANCE COMPANY LIMITED Vs. LUXMAN

Decided On March 12, 2024
UNITED INDIA INSURANCE COMPANY LIMITED Appellant
V/S
Luxman Respondents

JUDGEMENT

(1.) Since both these petitions are offshoots of impugned award dtd. 6/6/2013, passed by learned Motor Accident Claims Tribunal-I, Solan, District Solan, H.P., in MAC Petition No. 32-S/2 of 2011, they are taken up together for adjudication.

(2.) The instant appeal is maintained by the appellant/United India Insurance Company Limited (hereinafter referred to as "Insurer"), under Sec. 173 of the Motor Vehicles Act for short "the Act"), against the award, dtd. 6/6/2013, passed by the learned Motor Accidents Claim Tribunal-I, Solan, District Solan, H.P., in MAC Petition No. 32-S/2 of 2011, whereby the petition filed by the petitioner/claimant, who is respondent No. 1 in FAO No. 20 of2014 and appellant in FAO No. 36 of 2014 (hereinafter referred to as "the petitioner"), seeking compensation, was allowed and the appellant was directed to pay compensation of Rs.8,96,694.00 to the petitioner.

(3.) On the other hand, the instant petition (FOA No. 36 of 2014) has been preferred by the petitioner under Sec. 173 of the Act against the award dtd. 6/6/2013, passed by the learned Motor Accident Claims Tribunal-I, Solan, H.P., in MAC Petition No. 32-S/2 of 2011, whereby the claim petition filed by him was allowed by awarding compensation of Rs.8,96,694.00 in his favour alongwith interest @ 7% per annum, with a prayer to allow his appeal throughout with costs, by modifying the award and consequently awarding a sum of Rs.10,00,000.00, as claimed by him in his claim petition.