SEVA SINGH Vs. AMAR NATH

JUDGEMENT

(1.) THIS appeal is directed against the award, dated 15th December, 2005, passed by the Motor Accident Claims Tribunal, Bilaspur, H.P. (hereinafter referred to as "the Tribunal") in MAC Case No. 29 of 2002, titled as Amar Nath versus Seva Singh & others, whereby an award of Rs. 79,252/ alongwith interest @ 7.5% and costs including lawyer's fees assessed at Rs. 3,000/ came to be granted in favour of the claimant, namely Shri Amar Nath, and against the ownerappellant, Shri Seva Singh, and driver of the offending vehicle from the date of filing of the petition till its finalization (hereinafter referred to as "the impugned award"), on the grounds taken in the memo of appeal. Brief facts: It is averred that on 9th November, 2001, at about 5.45

(2.) A .m., near College Chowk Bilaspur, the claimantrespondent No. 1, during his morning walk, became victim of traffic accident, which was caused by driver, namely Harnam Singh, while driving the truck . bearing registration No. HP244337 rashly and negligently, in which claimantrespondent No. 1 sustained multiple grievous injuries including pelvis fracture. He was taken to Zonal Hospital, Bilaspur, from where he was referred to IGMC, Shimla, where he remained admitted for four days. Thereafter, he also remained admitted at Zonal Hospital, Bilaspur, for about 14 days.

(3.) THE Tribunal after scanning the evidence held that the claimantrespondent No. 1 sustained injuries as a result of the accident caused by truck No. HP244337, which was result of the rash and negligent driving of the truck by its driver. Thus, the Tribunal, while allowing the petition, awarded a sum of Rs. 79,252/ alongwith interest @ 7.5% and costs including lawyer's fees assessed at Rs. 3,000/.