DINESH KUMAR Vs. YASHPAL

JUDGEMENT

(1.) THE challenge in this appeal is to the award dated 9.6.2006, passed by the Motor Accident Claims Tribunal -II Solan, H.P., for short "The Tribunal" in MAC Petition No. 27 -NL/2 of 2003 titled Dinesh Kumar vs. Yashpal and others, whereby compensation to the tune of Rs. 1,03,500/ - came to be awarded in favour of the claimant and against respondents No. 1 and 3, hereinafter referred to as "the impugned award", for short, on the grounds taken in the memo of appeal.

(2.) THE owner/insured, driver and insurer have not questioned the impugned award on any ground, thus, it has attained finality, so far as it relates to them.

(3.) ISSUE No. 2. Admittedly, the claimant became victim of a vehicular accident which was caused by driver, namely, Kumari Alka Chaudhary -respondent No. 2 herein while driving maruti car bearing registration No. PUC -0007 rashly and negligently at Mohali Bazar, hit the motorcycle NO. PB -07 -H -5921, on which the claimant was travelling as pillion rider. The claimant sustained injuries, was shifted to hospital where he remained admitted from 11.3.2003 to 15.3.2003.