LAWS(HPH)-2014-5-21

NEW PREM BUS SERVICE Vs. LAXMAN SINGH

Decided On May 23, 2014
M/s. New Prem Bus Service Appellant
V/S
Laxman Singh And Another Respondents

JUDGEMENT

(1.) The appellant has invoked the jurisdiction of this Court in terms of Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the MV Act ) and has questioned the award, dated 15th May, 2008, made by the Motor Accident Claims Tribunal (I), Kangra at Dharamshala, H.P. (hereinafter referred to as the Tribunal ) in MACT Petition No. 2-P/11/2006, titled as Laxman Singh versus M/s New Prem Bus Service and another, whereby compensation to the tune of ' 2,05,000/- came to be granted in favour of the claimant-respondent No. 1 and against the ownerappellant, with interest @ 7% per annum from the date of institution of the claim petition till its realization (hereinafter referred to as the impugned award ), on the grounds taken in the memo of appeal. Brief facts:

(2.) Shri Laxman Singh-claimant-respondent No. 1, being the victim of vehicular accident, which was caused on 13th April, 2004, near Malan on NH 20A at about 11.00 A.M., by the driver, namely Shri Kishore Chand, while driving bus No. HP-39A-3365 rashly and negligently; sustained injuries; was taken to Community Health Centre, Nagrota Bagwan; referred to Dr. Rajindra Prasad Government Medical College and Hospital, Dharamshala; remained admitted in the hospital till 30th April, 2004 and filed a claim petition before the Tribunal for grant of compensation to the tune of ' 10,00,000/- as per the break-ups given in the claim petition.

(3.) The claim petition was resisted by the appellant-ownerinsured and the insurer-respondent No. 2 on the grounds taken in the memo of objections.