SALIM Vs. SHASHI KALA

JUDGEMENT

(1.) Challenge in this appeal is to the award dated 18th December, 2013, passed by the Motor Accident Claims Tribunal, Bilaspur, H.P. (for short, "the Tribunal") in M.A.C. No.24 of 2010, titled Shashi Kala vs. Salim & another, whereby compensation to the tune of Rs.4,75,000/- alongwith interest at the rate of 7.5% per annum came to be awarded in favour of the claimants and against the owner-insured (for short "the impugned award").

(2.) The owner-insured has questioned the impugned award on the ground that the Tribunal has fallen in error in discharging the insurer and saddling the owner with the liability. The driver, claimant and the insurer have not questioned the impugned award on any ground and thus, it has attained finality so far it relates to them.

(3.) The only question, which is to be determined in this appeal is, whether the Tribunal has rightly discharged the insurer and saddled the owner with the liability? The answer is in the negative for the following reasons.