KIRNA BALA Vs. SWAROOP SINGH

JUDGEMENT

(1.) Challenge in this appeal is to the award and order, dated 18th March, 2005, made by the Motor Accident Claims Tribunal (II), Una, H.P. (hereinafter referred to as "the Tribunal") in MAC Petition No. 38 of 2002, titled as Kirna Bala & others versus Swaroop Singh & others, whereby compensation to the tune of Rs. 2,33,400/ alongwith interest @ 9% per annum was granted in favour of the claimants appellants from the date of the petition till its realization (hereinafter referred to as "the impugned award"). Brief facts:

(2.) It is averred in the claim petition that deceased, Shri Ram Rattan, became the victim of vehicular accident, which was caused by the offending vehiclebus, bearing registration No. HP20 A 2452, on 18th June, 2002, being driven by its driver, respondent No. 1Swaroop Singh, rashly and negligently, which hit the Motor Cycle, bearing registration No. PJL4872, being driven by a mechanic and deceasedRam Rattan was a pillion rider, near Amarali Mour, as a result of which Ram Rattan sustained injuries and succumbed to the injuries. The claimantsappellants filed claim petition for grant of compensation to the tune of Rs. 10,00,000/ as per the breakups given in the claim petition.

(3.) The insurer, insuredowner and driver contested the claim petition on the grounds taken in the objections. After examining the pleadings and the documents, the Tribunal framed the following issues: