UNITED INDIA INSURANCE COMPANY LTD. Vs. MOHAN LAL

JUDGEMENT

(1.) Appellant-insurer has invoked the jurisdiction of this Court by the medium of this appeal in terms of Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the MV Act") and has called in question the award, dated 30th June, 2008, made by the Motor Accident Claims Tribunal-II, Solan, District Solan, H.P. (hereinafter referred to as "the Tribunal") in M.A.C. Petition No. 1- S/02 of 2006, titled as Mohan Lal versus Kishan Lal and others, whereby compensation to the tune of Rs. 7,14,000/- came to be awarded in favour of the claimant and the appellant-insurer was saddled with liability (hereinafter referred to as "the impugned award"), on the grounds taken in the memo of appeal.

(2.) The claimant and the drivers-cum-owners and the insurer of the scooter have not questioned the impugned award on any count, thus, has attained finality so far it relates to them. Brief facts:

(3.) The claimant had claimed compensation to the tune of Rs. 10,00,000/-, as per the break-ups given in the claim petition, on the ground that he became the victim of motor vehicular accident, which was caused by the driver, namely Shri Kishan Lal, while driving the car, bearing registration No. HP-01 A-0722, rashly and negligently on 23rd October, 2005, near Bye Pass Solan.