NARENDER SINGH SHEKHAWAT Vs. JASBIR SINGH AND OTHERS

JUDGEMENT

(1.) Both these appeals are outcome of judgment and award, dated 31st January, 2011, made by the Motor Accident Claims TribunalII, Fast Track Court, Hamirpur, H.P. (for short "the Tribunal") in MAC Petition No. 4 of 2008, titled as Jasbir Singh versus Narendra Singh and others, whereby compensation to the tune of 10,78,548/ with interest @ 6% per annum from the date of the petition till its realization came to be awarded in favour of the claimantinjured and the insurer was directed to satisfy the award at the first instance with right of recovery (for short "the impugned award"). Thus, I deem it proper to determine both these appeals by this common judgment.

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

(3.) The ownerinsured has questioned the impugned award by the medium of FAO No. 167 of 2011 on the ground that the Tribunal has fallen in an error in granting right of recovery to the insurer.