UNITED INDIA INSURANCE COMPANY LIMITED Vs. BALWINDER

JUDGEMENT

(1.) Challenge in this appeal is to the award, dated 7th September, 2006, passed by the Motor Accident Claims Tribunal, Fast Track Court, Una, (for short, the Tribunal), in Claim Petition No.27/02 RBT 15/05/02, whereby compensation to the tune of Rs.2,33,000/- was awarded in favour of the claimant, namely, Balwinder (respondent No.1 herein), with interest at the rate of 7.5% per annum from the date of the award till its realization, (for short, the 'impugned award'). Brief facts:

(2.) Claimant Balwinder filed Claim Petition before the Tribunal for grant of compensation to the tune of Rs.27.00 lacs, as per the break-ups given in the petition, on the ground that the driver, namely, Sukh Dev Singh, had driven the offending tractor, bearing registration No.HP-20- 5115, rashly and negligently, as a result of which the said tractor met with an accident at Jankaur Guga Jhar in District Una on 13th November, 2001 at about 5.30 P.M. and the claimant sustained injuries.

(3.) Respondents i.e. owner/insured, driver and the insurer-appellant put in appearance before the Tribunal and filed replies to the Claim Petition.