RUPINDER SINGH Vs. GIRDHARI LAL

JUDGEMENT

(1.) WHEN hearing in this case had commenced, learned Senior Counsel Mr. Patial, submitted that looking to the provisions of Sections 149(1) and (2) of the Motor Vehicles Act, 1988, and vehicle being admittedly insured with respondent No. 2 on the date of Accident liability to satisfy the award of Motor Accident Claims Tribunal II at Mandi in Claim Petition No. 2 of 1993, decided on 28.12.1998, is that of respondent No. 2, i.e., Insurance Company. With a view to advance his this line of argument, Mr. Patial also pointed out that the said award dated 28.12.1998 was passed in the presence of parties. Therefore, the award is to be taken as having been passed after the parties had entered into a compromise. With a view to further buttress his submission, Mr. Patial also placed reliance on two decisions of this Court, in Puran Chand v. Shyam Lal and Ors. 2003 (2) Shim. L.C. 409, and Himachal Road Transport Corporation v. Devi Singh and Anr. III (2003) A.C.C. 480 : 2003 (1) Shim. L.C. 427.

(2.) ON the other hand, all these pleas have been contested by Mr. Thakur as well as Mr. Bagga on behalf of the respondents. According to them, in the peculiar facts of this case and also keeping in view the award dated 28.12.1998, passed by the learned Tribunal below, this petition is devoid of any merit and is liable to be dismissed.

(3.) ON the basis of pleadings of the parties, learned Tribunal below framed following issues: