High Court of Punjab and Haryana, Chandigarh
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National Insurance Company Ltd. v. Roshni Devi & Ors - FAO-3888-2006  RD-P&H 10181 (9 November 2006)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DATE OF DECISION: 15.9.2006
National Insurance Company Ltd.
Roshni Devi and others
CORAM:- Hon'ble Mr. Justice Uma Nath Singh.
Hon'ble Mr.Justice Mahesh Grover.
Present: Mr.Ashwani Talwar, Advocate,
for the appellant.
UMA NATH SINGH, J. (ORAL)
In this routine appeal by the Insurance Company against an award dated 15.4.2006 passed by learned Presiding Officer, Motor Accident Claims Tribunal, Kaithal, in MAC Case No.86 of 10.5.2005 awarding a sum of Rs.1,75,000/- in death case of a 50 years' old man, admittedly, the Company has been granted recovery right and further the insured vehicle has been held to have contributed only 60% to the accident, therefore, the liability has been fastened only to that extent. We have also carefully perused the award, wherein the Insurance Company was granted permission under Section 170 of the Motor Vehicles Act, 1988, to contest the case on merits and we do not find any infirmity therein on merit.
In view of the fact that the Insurance Company has been granted recovery right and the liability is limited to the extent of FAO No.3888 of 2006 2
contribution, we are not inclined to entertain the appeal. Hence, it is dismissed in limine.
( UMA NATH SINGH )
September 15, 2006 ( MAHESH GROVER )
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