LAWS(HPH)-2016-9-235

SADHU SINGH Vs. CHANDER DEV & OTHERS

Decided On September 23, 2016
SADHU SINGH Appellant
V/S
Chander Dev And Others Respondents

JUDGEMENT

(1.) The appellant-owner-insured has questioned the award, dated 31.03.2011, made by the Motor Accident Claims Tribunal (I) Kangra at Dharamshala (for short "the Tribunal") in M.A.C.T.R.B.T. No. 90-I/II- 2010/2007, titled as Chander Dev versus Sh. Sadhu Singh & others, whereby compensation to the tune of Rs. 4,09,400/- with interest @ 9% per annum from the date of filing of the claim petition till its realization and costs to the tune of Rs. 2,000/- was awarded in favour of the claimant and the insurer was directed to satisfy the award at the first instance with right of recovery (for short "the impugned award").

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

(3.) The owner-insured has questioned the impugned award on the ground that the Tribunal has fallen in an error in granting right of recovery to the insurer.