DILBAG SINGH Vs. RAKESH KUMARI

JUDGEMENT

(1.) The claimant has invoked the jurisdiction of this Court, by the medium of this appeal, under Section 173 of the Motor Vehicles Act, hereinafter referred to as "the Act" for short, for setting aside the award dated 30.10.2006, passed by the Motor Accidents Claims Tribunal, Una, H.P, for short "The Tribunal" in MAC Petition No. 34 of 2004 titled Rakesh Kumari versus Jugal Kishore and others, whereby compensation to the tune of Rs.1,08,200/- came to be awarded in favour of the claimant/respondent No. 1 herein, hereinafter referred to as "the impugned award", for short, on the grounds taken in the memo of appeal.

(2.) The Tribunal, after examining the claim petition, held that tanker No. HP-20-5935 and bus No. HP-20-A-2619 have caused the accident in which the claimant-respondent No. 1 herein sustained injuries. The insurer of tanker, i.e., the New India Assurance Co. was saddled with 70% liability and insurer of Bus, i.e. United India Insurance Co. was exonerated from the liability thereby directing Dilbag Singh owner-cum- driver of bus No. HP-20-A-2619 to satisfy the impugned award to the extent of 30%.

(3.) The claimant, owner, driver and insured of the offending tanker, insurer of bus No. HP-20-A-2619 and Balbir Singh owner of bus have not questioned the impugned award on any ground, thus it attained finality so far as it relates to them.