NIRMALA DEVI Vs. RAVINDER KUMAR

JUDGEMENT

(1.) Both these appeals are directed against the award, dated 28th September, 2011, passed by the Motor Accident Claims Tribunal, Hamirpur, H.P. (hereinafter referred to as "the Tribunal") in MAC Petition No. 44 of 2008, titled as Ranjit Singh versus Smt. Nirmla Devi & others, whereby compensation to the tune of Rs. 2,48,967/- with interest @ 7.5% per annum from the date of filing of petition till its realization came to be awarded in favour of the claimant-injured and against the owner-insured, but the insurer was asked to first satisfy the award with a right to recover the entire compensation amount from the owner-insured and the driver of the offending vehicle (hereinafter referred to as "the impugned award), on the grounds taken in the memo of appeals. Brief facts:

(2.) Shri Gagan Deep Singh, s/o Smt. Nirmla Devi, has driven the scooter, bearing registration No. PB-16A-9477, rashly and negligently on 21st December, 2006, hit the claimant-injured, who was walking on the side of the road at Jalgran Mor, near Rakkar in District Una, who sustained injuries, was shifted to Civil Hospital, Una, was referred to Zonal Hospital, Hamirpur and suffered 46% disability. FIR No. 548/2006 was registered under Sections 279, 337, 338 and 201 of the Indian Penal Code (hereinafter referred to as "the IPC") at Police Station Una against the driver of the offending scooter.

(3.) Claimant-Ranjit Singh, being the injured, filed the claim petition for grant of compensation to the tune of Rs. 10,00,000/- as per the break-ups given in the claim petition.