JOGINDER SINGH Vs. VIKRAM

JUDGEMENT

(1.) BY the medium of this appeal, the appellant/owner -cum -driver of Canter No. PB -10 -Z -8353, has thrown challenge to the judgment and award dated 21.07.2003, made by the Motor Accident Claims Tribunal Solan, for short "the Tribunal", in MAC Petition No. 83 -S/2 of 2002, titled Shri Vikram alias Vicky versus Shri Joginder Singh alias Pamma and others, whereby compensation to the tune of Rs. 2,12,000/ - along with interest @ 9 % per annum, came to be awarded in favour of the claimant. Respondent No. 1 - owner -cum driver and insurer/New India Assurance Company -respondent No. 4 have been saddled with the liability jointly and severally to the extent of 60% with right of recovery from respondent No. 1 -appellant herein, hereinafter referred to as "the impugned award.", for short, on the grounds taken in the memo of appeal.

(2.) IT is necessary to give a brief resume of the relevant facts, the womb of which has given birth to the instant appeal.

(3.) RESPONDENTS , except respondent No. 2 Mr. Munna Khan, who did not put in appearance before the Tribunal and was proceeded against ex parte, resisted and contested the claim petition by filing separate replies.