LAWS(HPH)-2014-12-185

KAULA RAM Vs. KUSUM SOOD AND ORS.

Decided On December 19, 2014
Kaula Ram Appellant
V/S
Kusum Sood And Ors. Respondents

JUDGEMENT

(1.) Challenge in this appeal is to the award, dated 26.02.2007, passed by Motor Accident Claims Tribunal-II, Fast Track Court, Kullu, Himachal Pradesh, (for short, 'the Tribunal'), in M.A.C. Petition No. 93/2004, RBT No. 19-2005, titled as Kaula Ram Vs. Smt. Kusum Sood & others , whereby the claim petition came to be dismissed (for short, the 'impugned award'). Brief facts:

(2.) Shri Kaula Ram became victim of a vehicular accident, which was allegedly caused by Dhan Raj, driver, while driving bus bearing registration No. HP-34-A-1025, rashly and negligently, on 16.11.2003, at about 2.45. p.m., at village Dhunkhra, near Village Pirdi, Tehsil and District Kullu, which collided with Swaraj Mazda bearing registration No. HP-32-5758, in which the claimant sustained injuries. The claimant filed the claim petition, seeking compensation to the tune of Rs.2.00 lacs, as per the break-ups given in the claim petition.

(3.) The respondents, i.e. the insured-owner, the driver and the insurer-United India Insurance Company contested the claim petition on the grounds taken in their memo of objections.