ANUJ SIRKEK Vs. NEELMA DEVI

JUDGEMENT

(1.) CHALLENGE in this appeal is to the award, dated 21st October, 2013, passed by Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr, District Shimla, H.P. (for short, the Tribunal), in MAC Petition No. 0100061 of 2011, titled Neelma Devi and others v. Anuj Sirkek and another, whereby compensation to the tune of Rs. 8,25,600/ -, with costs quantified at Rs. 3,000/ - and interest at the rate of 6% per annum from the date of filing of the petition till its realization, was awarded in favour of the claimants No. 1 to 6, (respondents No. 1 to 6 herein), and the insured/driver/appellant came to be saddled with the liability, (for short, the impugned award).

(2.) THE claimants and the insurer have not questioned the impugned award. Therefore, the only question needs to be determined in this appeal is - Whether the Tribunal was right in discharging the insurer and saddling the appellant/owner/driver with the liability?

(3.) CLAIMANTS , seven in number, invoked the jurisdiction of the Tribunal under Section 166 of the Motor Vehicles Act, (for short, the Act), for grant of compensation to the tune of Rs. 20.00 lacs, as per the break -ups given in the Claim Petition, on the ground that on 7th May, 2011, at about 9.30 a.m., the driver, namely, Anuj Sirkek (appellant herein), had driven the offending vehicle i.e. Pick Up, bearing registration number HP -63B -0553, rashly and negligently and hit the deceased Budhi Singh at Nogli, District Rampur, H.P., who sustained injuries resulting, later on , into his death.