LAWS(HPH)-2013-12-27

PREMWATI Vs. MANOJ SHARMA

Decided On December 20, 2013
PREMWATI Appellant
V/S
MANOJ SHARMA Respondents

JUDGEMENT

(1.) THIS appeal is outcome of the motor accident claim made by the appellantsclaimants before the Motor Accident Claims TribunalII, Solan, H.P. (hereinafter referred to as "the Tribunal") in MAC Petition No. 2S/2 of 2005, titled as Smt. Premwati & others versus Shri Manoj Sharma & others, whereby compensation to the tune of Rs. 2,01,500/ was granted in favour of the claimants appellants alongwith interest @ 7.5 % per annum 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. Brief facts:

(2.) IT is averred by the appellantsclaimants that their bread earner, namely Shri Ganga Ram, became the victim of vehicular accident, which was allegedly caused by the driver, namely Shri Manoj Sharma, while driving the offending vehicle bearing registration No. HP14 A1349 on 8th December, 2004, at about 7.50 P.M. near District Courts Road, Solan. DeceasedGanga Ram sustained multiple simple and grievous injuries and succumbed to the injuries. The claimantsappellants filed claim petition for grant of compensation to the tune of Rs. 5,00,000/ as per the breakups given in the claim petition.

(3.) THE claimants examined witnesses in support of their claim. The driver and ownerinsured have not led any evidence but have produced copies of registration certificate, driving licence and insurance policy exhibited as Ex. R1 to R3, respectively. The insurerrespondent No. 3 has not led any evidence. The Tribunal, after examining the entire record, decided all the issues in favour of the claimantsappellants and against the respondents and awarded Rs. 2,01,500/ as compensation with interest @ 7.5% per annum from the date of filing of the petition till its realization vide impugned award.