JASWINDER KAUR Vs. SOMA CHAUHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the award, dated 14.5.2008, passed by Motor Accident Claims Tribunal, Shimla, H.P., (for short, 'the Tribunal'), in Claim Petition No. 34 -S/2 of 2006, titled as Soma Chauhan versus Ghaneder Singh and others, whereby compensation to the tune of Rs. 6,02,600/ - stands awarded in favour of the claimant (respondent No. 1 herein), and against the owner and the driver (appellants herein), with interest at the rate of 7.5%, from the date of the filing of the Claim Petition till its realization, (for short, the 'impugned award').

(2.) SMT . Soma Chauhan became victim of a vehicular accident, which was allegedly caused by Ghaneder Singh, driver, while driving Maruti Car bearing No. HP -52 -0340, rashly and negligently, on 8th September, 2005, at about 11.00 a.m., at Bades Nallah near Ever Sunny, Shimla -Bharari Road, in which the claimant sustained injuries. The claimant filed the Claim Petition seeking compensation to the tune of Rs. 5.00 lacs, as per the breakups given in the Claim Petition.

(3.) FROM the pleadings of the parties, the following issues were framed by the Tribunal: