JEEVAN SINGH Vs. HARDEV SINGH

JUDGEMENT

(1.) CHALLENGE in this appeal is laid to the award and order, dated 28.9.2006, passed by Motor Accident Claims Tribunal -I, Sirmour at Nahan, (for short, the Tribunal), in Claim Petition No.169 -MAC/2 of 2004, titled as Hardev Singh versus Raj Kumar and others, whereby and whereunder compensation to the tune of Rs.2,23,000/ - with interest at the rate of 7.5% per annum was granted in favour of the claimant, to be paid by the insurer, with a right of recovery from the owners i.e. appellants in the present appeal, (for short, the impugned award).

(2.) BRIEFLY , the facts of the case, as alleged in the Claim Petition, are that on 7.7.1996, at about 8.00 p.m. near Bhatrog, Tehsil Paonta Sahib, the tractor bearing No.HP -17 -5255, which was being driven by respondent No.1 rashly and negligently, met with an accident, as a result of which the claimant sustained injuries, who was working as labourer. The claimant preferred the claim petition for compensation to the tune of Rs.10,00,000/ -, as per the break -ups given in the claim petition. Owners -appellants questioned the impugned award by way of filing the present appeal.

(3.) DURING the course of hearing, learned counsel for the appellants argued that the Tribunal has not returned findings on Issues No.6 and 8 and without determining the said issues, the Insurance Company has been directed to satisfy the award, with a right of recovery. Therefore, it was argued that the impugned award is bad, so far as it relates to grant of right of recovery to the insurer.