PREM SINGH Vs. BIMLA DEVI AND OTHERS

JUDGEMENT

(1.) Both these appeals are outcome of judgment and award, dated 13th February, 2004, made by the Motor Accident Claims Tribunal, Una, Himachal Pradesh (for short "the Tribunal") in MAC Petition No. 29 of 1999, titled as Smt. Bimla Devi versus Surinder Kumar and others, whereby compensation to the tune of 2,45,400/ with interest @ 9% per annum from the date of filing of the claim petition till its realization came to be awarded in favour of the claimant and the insurer was directed to satisfy the award with a right of recovery (for short "the impugned award").

(2.) The insurer and the claimant have not questioned the impugned award on any count, thus, has attained finality so far it relates to them.

(3.) The appellants in both the appeals, i.e. the driver and the ownersinsured of the offending vehicle, have questioned the impugned award on the ground that the Tribunal has fallen in an error in granting right of recovery to the insurer.