LAWS(HPH)-2016-9-330

RAJIV KUMAR @ RAJU Vs. RAKSHA DEVI AND OTHERS

Decided On September 23, 2016
Rajiv Kumar @ Raju Appellant
V/S
Raksha Devi And Others Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 30.7.2010, made by the Motor Accident Claims Tribunal-II Una, H.P., in MACP No.09/2008, titled Smt. Raksha Devi and others versus Sh. Rakesh Kumar and others, for short "the Tribunal", whereby compensation to the tune of Rs.3,43,500/- alongwith interest @9% with fee of learned counsel to the tune of Rs.1,000/- came to be awarded in favour of the claimants and insurer was saddled with the liability with right of recovery from the owner/insured, hereinafter referred to as "the impugned award", for short.

(2.) The only question to be determined in this appeal is-whether the Tribunal has rightly granted the right of recovery to the insurer. The answer is in negative for the following reasons.

(3.) Following issues were framed by the Tribunal.