ANAMIKA Vs. JAIPAL SINGH

JUDGEMENT

(1.) Heard the learned counsel for the appellants and perused the appeal papers. In respect of the accident that had occurred on 17/4/1995, the appellants herein, as claimants, had preferred the claim petition before the Motor Accidents Claims Tribunal (for short "MACT'). The MACT through its order dtd. 7/3/2005 awarded a sum of Rs.6,03,000.00 (Rupees Six Lakhs Three Thousand Only) and fastened the liability upon all the respondents to the claim petition jointly and severely. In the appeal, which was filed by the registered owner assailing the liability being fastened on the registered owner, the High Court through its impugned judgment and order dtd. 17/8/2017, though had enhanced the compensation in the appeal filed by the appellant/claimants herein, had held that the liability to pay the compensation would be that of the respondent no.12 (Balwant Kaur (now deceased) through its legal heirs) herein. In that view, registered owners namely respondent nos. 1 to 5 and 8 to 12 were exonerated from paying the compensation.

(2.) It is in that light, the appellants/ claimants are before this Court assailing the judgment dtd. 17/8/2017 passed by the High Court of Punjab and Haryana at Chandigarh on that aspect of the matter and also seeking enhancement on the ground that the interest granted by the High Court is not in accordance with law and the same be granted from the date on which the accident had occurred.

(3.) In the light of the contentions urged herein, we have referred to the award dtd. 7/3/2005 passed by the MACT. On the aspect relating to liability for payment of compensation, the Tribunal has recorded the finding as hereunder,