NEW INDIA ASSURANCE COMPANY Vs. NEERAJ

JUDGEMENT

(1.) By way of instant appeal, the appellant has assailed the Award dtd. 1/8/2012 passed by learned Motor Accident Claims Tribunal-I, Solan, in MAC Petition No. 40-S/2 of 2010, whereby respondent No.1 was awarded a sum of Rs.1,64,000.00 as compensation alongwith interest at the rate of 7.5.% per annum from the date of filing of petition.

(2.) The facts necessary for adjudication of the appeal are that respondent No.1 was occupant of bus No. HP-64-8097 when it met with an accident on 4/5/2009 at about 4.50 P.M., at place near Village Nai-Netti in District Sirmour, Himachal Pradesh. Respondent No.1/claimant suffered injuries including fracture of left leg which ultimately resulted in 7% permanent disablement of left lower limb. Respondent No.1/claimant, claimed compensation under Sec. 166 of the Motor Vehicles Act. Learned Motor Accident Claims Tribunal, Solan (for short "tribunal") awarded a sum of Rs.1,64,000.00 along with interest @ of 7.5.% per annum from the date of filing of petition in favour of respondent No.1/claimant.

(3.) The cause of accident was held to be rash and negligent driving of respondent No.3 herein. The liability to pay compensation was fastened upon the appellant/insurer.