In an appeal against a Motor Accident Claims Tribunal award granting compensation to claimants, the Chief Justice held that the insurer must satisfy the award first with a right to recover from the owner. The appeal was dismissed.
Award released to claimants; insurer liable to pay with right of recovery from owner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
FAO No.260 of 2007
Date of decision: 14.11.2014
Oriental Insurance Company Ltd. …..Appellant Versus Sardaru & others ….. Respondents
Coram:
The Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice
Whether approved for reporting? Yes.
For the appellant: Mr. G.D. Sharma, Advocate. For the respondents: Mr. Surender Verma, Advocate, for respondents No.1 and 2. Mr. Surinder Saklani, Advocate, for respondent No.4. ________________________________________________________________________________
Mansoor Ahmad Mir, Chief Justice (oral)
This appeal is directed against the award dated 13th April, 2007, passed by the Motor Accident Claims Tribunal, Mandi (for short “the Tribunal”) in Claim Petition No.72 of 2003, titled Sardaru & another vs. Oriental Insurance Company Ltd. & others, whereby a sum of Rs.1,64,000/alongwith interest at the rate of 7.5% per annum came to be awarded as compensation in favour of the claimants and against the insurer with right of recovery from the insuredowner (for short the “impugned award”).
2
( Mansoor Ahmad Mir ) Chief Justice
November 14, 2014 (tr/vt)
1 issue framed by the court
Whether the Motor Accident Claims Tribunal committed error in directing the insurer to satisfy the award with right of recovery from the owner.
Oriental Insurance Company Ltd.
Sardaru
Mansoor Ahmad Mir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
