LAWS(HPH)-2004-12-50

H.R.T.C. Vs. RAJ KUMAR

Decided On December 12, 2004
H.R.T.C. Appellant
V/S
RAJ KUMAR Respondents

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, has been filed against the award of the Motor Accident Claims Tribunal (I) Kangra at Dharamshala dated 22.2.1997.

(2.) The appellants have filed this appeal mainly on the ground that the accident had occurred due to failure of the brakes and, therefore, there was no negligence on the part of the driver and hence the liability could not be fastened upon the appellants. The appellants have also assailed the compensation granted as being excessive.

(3.) The respondent T daimant has filed The, Cross Objections claiming enhancement of the amount.