GURJANT SINGH Vs. MANVIR SINGH DHILLON AND ORS.

JUDGEMENT

(1.) Sh.Gurjant Singh, aged about 50 years, resident of village Kot Shamir, Tehsil and District Bathinda alleging that he had suffered injuries in a road side accident on 7/2/2011 caused by respondent No.l -Manvir Singh Dhillon while driving a jeep bearing registration No.PB-03P-3557 in a rash and negligent manner had brought a claim petition under Sec. 163-A of the Motor Vehicles Act, 1988 against respondents i.e. Manvir Singh Dhillon - owner-cum-driver and Oriental Insurance Company Ltd., Rampura Phul, District Bathinda - insurer of the jeep in question.

(2.) Notice of the claim petition was given to respondents, who put in appearance and contested the claim petition. Issues on merits were framed. The parties were given adequate opportunities to lead evidence.

(3.) After hearing arguments, the Tribunal while allowing the petition partly vide award dtd. 9/10/2012, awarded compensation of Rs.90,000.00 to the claimant along with interest @ 7% per annum from the date of filing of the petition till realization. It was directed that respondent No.2 would make the payment to the claimant at the first instance. However, after that it would be at liberty to recover the same from the driver - insured of the offending vehicle. It was so directed for the reason that the driving licence possessed by respondent No.l had authorized him to drive scooter and car only and not the offending vehicle, which was in the form of a jeep.