KAMLESH KOTHA Vs. AJIT SINGH BAJWA

JUDGEMENT

(1.) Challenge in this appeal is to the award dated 15th January, 2007, made by the Motor Accidents Claims Tribunal (1), Sirmaur, District at Nahan, H.P., (hereinafter referred to as "the Tribunal") in M.A.C. Petition No. 112- MAC/2 of 2005, titled as Smt. Kamlesh Kotha & others versus Shri Ajit Singh & anohter, whereby compensation to the tune of Rs. 7,25,960/- with interest @ 7.5% per annum from the date of the claim petition till its realization, came to be awarded in favour of the claimants-appellants herein, (for short, the "impugned award".

(2.) The claimants, being victims of a motor vehicular accident, invoked jurisdiction of the Tribunal, in terms of the mandate of Section 166 of the Motor Vehicles Act, for short "the Act", for grant of compensation to the tune of Rs. 9,50,000/-, as per the breaks-up given in the claim petition, on the ground that driver-cum-owner, namely, Rattan Singh had driven the offending vehicle-tractor (unnumbered), rashly and negligently, on 09.10.2005, at about 12.30 p.m., at Y-Point, Shamsherpur, Paonta Sahib, hit deceased Chaman Lal Kotha riding on scooter bearing registration No. HP-17-2638; was dragged to a considerable distance, sustained injuries and succumbed to the injuries. The claimants have also pleaded in their claim petition that the deceased was earning Rs. 6,420/- per month and was 49 years of age at the time of accident.

(3.) The claim petition was resisted and contested by the insured-owner-cum-driver and the insurer-National Insurance Company. Following issues were framed by the Tribunal on 08.08.2006:-