DALIP KUMAR Vs. NEW INDIA ASSURANCE COMPANY LTD.

JUDGEMENT

(1.) APPELLANTS have questioned the award, dated 26th May, 2008, passed by the Motor Accident Claims Tribunal (III) Shimla, (hereinafter referred to as "the Tribunal"), in MAC Petition No. 57 -S/2 of 2006/05, titled as Lekh Ram versus Dalip Kumar and others, whereby compensation to the tune of Rs. 2,20,000/ - came to be awarded in favour of claimant Shri Lekh Ram -respondent No. 2 herein and against the respondents No. 1 & 2, appellants herein, with interest @ 6% per annum from the date of the claim petition till its realization, (for short "the impugned award"), on the grounds taken in the memo of appeal.

(2.) THE claimant had claimed compensation to the tune of Rs. 20,00,000/ - with interest @ 18% per annum, as per the break -ups given in the claim petition, being victim of the vehicular accident which was allegedly caused on 21.10.2004, at about 4.00 p.m., at Mashobra by Driver, appellant No. 2 herein, while driving vehicle -bus bearing registration No. HP -63 -0148 rashly and negligently, in which the claimant had sustained multiple injuries.

(3.) WHETHER the bus No. HP -63 -0148 was being driven without registration and fitness certificate in breach of the policy conditions and provisions of Motor Vehicles Act? OPR