AKHTAR BEG Vs. ASHWANI KUMAR AND ORS.

JUDGEMENT

(1.) BY the medium of this appeal, the owner has questioned the award, dated 16.3.2006, passed by the Motor Accident Claims Tribunal, Chamba Division, Chamba, in MAC Petition No. 79 of 2003, titled as Ashwani Kumar versus The National Insurance Company & Others, (for short, impugned award), whereby an amount of Rs. 1,46,580/ -, along with interest at the rate of 9% per annum, from the date of filing of the petition till its realization, was granted in favour of claimant, namely, Ashwani Kumar and against the owner, namely, Akhtar Beg, on the grounds taken in the memo of appeal. Briefly, the facts of the case are that on 11.10.2002, at about 8.20 P.M., at Zero Point, Bharmaur Chowk, Chamba Town, the claimant was going on foot to his residence, was hit by scooter bearing No. HP -48 -1294, which was being driven by respondent No. 3 rashly and negligently, as a result of which both the legs of the claimant got fractured. He was taken to Zonal Hospital, Chamba, from where he was referred to Bhinder Hospital, Pathankot and was operated upon. The claimant -respondent No. 1 filed the claim petition for grant of compensation to the tune of Rs. 8.00 lacs, as per the breakups given in the petition.

(2.) ON the pleadings of the parties, the following issues were framed by the Tribunal:

(3.) WHETHER the driver of the vehicle was not possessing a valid driving license at the time of the accident, as alleged? OPR.