RAJ KUMAR Vs. SUKH DEV

JUDGEMENT

(1.) By the medium of this appeal, the appellants-insured have called in question the award, dated 25th April, 2006, made by the Motor Accident Claims Tribunal, Solan (hereinafter referred to as "the Tribunal") in MAC Petition No. 33-S/2 of 2005, titled as Shri Sukhdev versus Shri Raj Kumar & others, whereby compensation to the tune of Rs. 88,000/- with interest @ 7.5% per annum from the date of institution of petition till deposit of the amount alongwith costs assessed at Rs. 1,000/- came to be awarded in favour of the claimant-injured and insurer came to be saddled with liability with right of recovery (hereinafter referred to as "the impugned award) on the grounds taken in the memo of appeal.

(2.) It is profitable to give a brief resume of the facts of the case herein.

(3.) The claimant-injured became the victim of a motor vehicular accident, which was allegedly caused by the driver, namely Shri Pawan Kumar, on 14th October, 2004, at about 11.45 a.m., near Village Bakhalag, while driving Tata Bolero, bearing registration No. HP-12A-5234, rashly and negligently, hit the claimant-injured, sustained injuries, was taken to PHC Arki, wherefrom was referred to Zonal Hospital, Solan, and remained admitted with effect from 14th October, 2004 to 20th October, 2004. The claimant-injured filed claim petition for grant of compensation to the tune of Rs. 5,50,000/-, as per the break-ups given in the claim petition.