Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 8187-8188 OF 2012
(SPECIAL LEAVE PETITION(C.)NOS.4010-4011 OF 2012)
ANU KUMAR APPELLANT
VERSUS
THE NEW INDIA ASSURANCE CO. LTD. & ORS. RESPONDENTS
O R D E R
1. Leave granted.
2. These Appeals are directed against the
judgment and order passed by the High Court of Himachal
Pradesh, Shimla in FAO No.76 of 2010 and FAO No.131 of 2011,
dated 02.08.2011. By the impugned judgment and order, the High
Court has set aside the award passed by the Motor Accident
Claims Tribunal(I), Kangra at Dharamshala (the 'Tribunal' for
short) in granting a compensation of Rs.1,88,000/- with
JUDGMENT
interest thereof.
3. In our opinion, the High Court, while
setting aside the award passed by the Tribunal, has
not analyzed the evidence properly that was produced
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by the claimants before the Tribunal. In view of the peculiar
facts and circumstances of the case, we cannot accept the
findings and conclusions reached by the High Court. Therefore,
while setting aside the orders passed by the High Court, we
restore the order passed by the Tribunal.
4. The Appeals are allowed accordingly. No
costs.
.......................J.
(H.L. DATTU)
.......................J.
(CHANDRAMAULI KR. PRASAD)
NEW DELHI;
NOVEMBER 21, 2012
JUDGMENT
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