GURMEET CHAND Vs. JAGTAR SINGH

JUDGEMENT

(1.) On account of suffering injuries in a motor vehicular accident, which took place on 16.10.2002 at about 1:10 p.m. in the area of village Singriwala, P.S. Sadar Hoshiarpur, statedly on account of rash and negligent driving of Gypsy bearing registration No.HR-3A-3485 (hereinafter referred to as the offending vehicle) by respondent No.2 - Dasjinder Singh, petitioner/claimant Jagtar Singh aged about 32 years had with brought a claim petition under Section 166 of the Motor Vehicles Act, 1988 against respondents i.e. Gurmeet Chand - owner, Dasjinder Singh - driver and National Insurance Limited - insurer of the offending vehicle, claim compensation.

(2.) On being put to notice, all the three respondents put in appearance and filed written statements contesting the claim petition praying for its dismissal. Issues on merits were framed and the parties were afforded adequate opportunities to lead evidence.

(3.) On conclusion of trial, after hearing arguments learned Motor Accidents Claims Tribunal, Hoshiarpur (hereinafter referred to as the Tribunal) vide award dated 27.7.2005 allowed the claim petition and awarded compensation of Rs.2,36,860/- in favour of the claimant and against respondents No.1 to 3 with the observations that respondent - insurance company shall be liable to make payment of the amount of compensation to the claimant, however, it could recover the same from respondent No.1. The respondents were afforded two months time to make the payment of the amount of compensation awarded to the claimant and if the payment was not made within such period, then the claimant would be entitled to get interest at the rate of 6% per annum from the date of institution of the claim petition.