DHIRAJ SHARMA ALIAS VIPIN KUMAR Vs. BHAGAT RAM

JUDGEMENT

(1.) These appeals are the outcome of one accident, allegedly caused by Dhiraj Kumar on 22.6.2004, at about 11.15 P.M., while driving the offending vehicle i.e. Mahindra Max Jeep No.HP-01A-3068 rashly and negligently, as a result of which Bal Raj Kaushal and Om Parkash died on the spot. FIR No.50 of 2004, dated 23rd June, 2004 was registered at Police Station, Nirmand. The dependants of Bal Raj Kaushal preferred Claim Petition No.46 of 2004 under Section 166 of the Motor Vehicles Act (for short the Act), for grant of compensation to the tune of Rs.20.00 lacs, while the dependants of deceased Om Parkash preferred Claim Petition No.43 of 2004, for grant of compensation to the tune of Rs.7.00 lacs, as per the break-ups given in the Claim Petitions.

(2.) The Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr, (for short, the Tribunal), in terms of Award, dated 9th May, 2007, awarded a sum of Rs.7,85,000/- as compensation in favour of the claimants in Claim Petition No.46 of 2004 and the Tribunal, vide Award, dated 8th May, 2005, passed in Claim Petition No.43 of 2004, awarded Rs.4,24,000/- as compensation in favour of the claimants, and the insurer was saddled with the liability, with right of recovery from the owner of the offending vehicle. The award amount in both the claim petitions was to carry interest at the rate of 9% per annum from the date of institution of the Claim Petitions till realization.

(3.) Feeling aggrieved, the insured/owner has questioned the impugned awards, on the grounds taken in the memo of appeals.