SARWAN SINGH Vs. BIMLA SHARMA

JUDGEMENT

(1.) Both these appeals are outcome of a motor vehicular accident, which was allegedly caused by driver, namely Shri Narinder Singh Patial, while driving Maruti Van, bearing registration No. HP- 23 A 1468, belonging to Shri Sarwan Singh, rashly and negligently, on the intervening night of 26th and 27th November, 2005, at about 12.20 A.M., at Dehlan Mor, District Una. Thus, I deem it proper to dispose of both these appeals by a common judgment.

(2.) In FAO No. 196 of 2008, the appellant-owner-insured has questioned the award, dated 30th November, 2007, passed by the Motor Accident Claims Tribunal, Una, Himachal Pradesh (hereinafter referred to as "the Tribunal") in MAC Petition No. 17 of 2006, titled as Bimla Sharma & another versus Sarwan Singh and others, whereby compensation to the tune of Rs. 2,98,000/- came to be awarded in favour of the claimants-respondents No. 1 and 2, as per the apportionment made in the award, with interest @ 7.5% per annum from the date of deposit of the entire award amount till its realization (hereinafter referred to as "the impugned award-I) on the grounds taken in the memo of appeal.

(3.) The appellant-owner-insured was saddled with liability and the insurer-respondent No. 5 came to be exonerated. Though, the appellant-owner-insured was saddled with liability, but the insurer-United India Insurance Company was directed to satisfy the award, at the first instance, with a right to recover the same from the insured-owner-appellant. The appellant-owner-insured has questioned the impugned award-I only to the extent of saddling him with liability and discharging the insurer-respondent No. 5 from liability.