STATE OF HARYANA Vs. LAL CHAND

JUDGEMENT

(1.) THIS appeal is directed against the award of the Motor Accident Claims Tribunal, Sirsa, which on a claim petition had awarded a sum of Rs. 80,000/ - as compensation to the claimants with 12% interest from the date of filing of the claim petition on account of injuries sustained by him in a road accident.

(2.) THE award has been assailed on the ground that the Truck No.HYC -7542 belonging to P.W.D. (B & R) Department, State of Haryana was not involved in the accident and as such, the liability to pay compensation has been wrongly fastened.

(3.) AFTER having perused the record that the Motor Accident Claims Tribunal, Sirsa had decided three claim petitions No. 2, 10 and 11 and in all these claim petitions, the Tribunal had returned a categoric finding on the basis of evidence, adduced by the parties, that the accident was caused due to rash and negligent driving of driver of Truck No.HYC -7542. The said finding has been assailed on the question of involvement of vehicle in this case. Since the said finding has not been challenged in any appeal arising out of the common award, the same has become final.