LAWS(CHH)-2016-12-37

CHANDRA PRAKASH @ CHANDRA Vs. UMA SHANKAR

Decided On December 09, 2016
Chandra Prakash @ Chandra Appellant
V/S
UMA SHANKAR Respondents

JUDGEMENT

(1.) These four appeals are being disposed of by one common judgment since they arise out of the one accident, in which two persons were injured. Both the injured persons have filed claim petitions claiming compensation.

(2.) Briefly stated facts of the case are that on 23.4.2005, two injured persons (Chandra Prakash and Chhotelal) were travelling in a trolley of the tractor bearing its registration Nos. CG10/A/7596 and CG10/A/7597 respectively. The said tractor trolley met with an accident and both the persons suffered injuries. They filed claim petitions claiming compensation.

(3.) Claimant-Chandra Prakash filed Claim Petition No.79 of 2005, in which, the Learned Claims Tribunal awarded a sum of Rs.3,50,000/- as compensation and held that the Insurance Company was not liable to pay compensation amount but it directed the Insurance Company to pay the amount and recover the same from the owner and driver of the vehicle. Aggrieved by the said award, claimant- Chandra Prakash has filed MAC No.621 of 2007 and the Insurance Company has filed MAC No.784 of 2007.