SUPERINTENDING ENGINEER Vs. TILAK RAJ

JUDGEMENT

(1.) CHALLENGE in this appeal is to the award dated 1st April, 2008, made by the Motor Accident Claims Tribunal Chamba, Division Chamba (HP) (hereinafter referred to as "the Tribunal") in Claim Petition No. 41/2006, titled as Tilak Raj versus The Executive Engineer & another, whereby compensation to the tune of Rs. 1,93,000/ - came to be awarded in favour of the claimant -respondent herein, and against the respondents -appellants herein, with interest @ 9% per annum, from the date of the filing of the claim petition, i.e. 7th December, 2006, till its realization, (for short, the "impugned award"), on the grounds taken in the memo of appeal.

(2.) THE claimant is the victim of a vehicular accident, which was caused by Surinder Singh, the Driver employed in the Himachal Pradesh Public Works Department, Division Holi, District Chamba, H.P., while driving vehicle bearing registration No. HP -46 -0153, rashly and negligently, on 01.09.2006, at about 3.10 p.m., at Bagga, Tehsil and District Chamba, in which Driver Surinder Singh and brother of the claimant, namely, Surinder Kumar lost their lives. FIR was lodged. The claimant had filed claim petition and sought compensation to the tune of Rs. 7,00,000/ -, as per the break -ups given in the claim petition.

(3.) WHETHER the deceased was not traveling in the offending vehicle nor died in the accident of this vehicle, as alleged? ... OPR