ASHOK KUMAR Vs. AJAY KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the award, dated 7th November, 2005, passed by the Motor Accident Claims TribunalI, Sirmaur District at Nahan, H.P. (hereinafter referred to as "the Tribunal"), in MAC Petition No. 163MAC/2 of 2004, titled as Ashok Kumar Sharma versus Ajay Kumar and another, whereby an award of Rs. 1,00,000/ alongwith 9% interest per annum came to be awarded in favour of the claimantappellant and against the respondents herein from the date of filing of the claim petition till its realization (hereinafter referred to as "the impugned award"), on the grounds taken in the memo of appeal.

(2.) AS per the averments made in the claim petition, the claimantappellant met with a vehicular accident on 31.07.2004 near Baveja Petrol Pump, Bhup Pur, Paonta Sahib, when his scooter was hit by the offending Truck bearing No. HP178755, which was being driven by its driver rashly and negligently, as a result of which he sustained injuries and has suffered temporary disability.

(3.) THE following issues came to be framed by the learned Tribunal: