SANJAY KUMAR Vs. PIAR CHAND

JUDGEMENT

(1.) Both these appeals are directed against the award, dated 27th December, 2006, passed by Motor Accident Claims Tribunal (II), Fast Track Court, Hamirpur, Himachal Pradesh, (hereinafter referred to as the Tribunal), whereby claim petition, titled as Piar Chand vs. Sanjay Kumar and Anr., came to be determined by awarding compensation to the tune of Rs.1,66,763/-, with interest at the rate of 6% per annum from the date of filing of the claim petition till its realization, in favour of the claimant and against the respondents, (for short, the impugned award).

(2.) FAO No.32 of 2007 has been filed by the driver and the owner, while FAO No.387 of 2007 has been filed by the claimant Piar Chand for enhancement of compensation. Since both the appeals arise out of the single award, therefore, both are being disposed of by this common judgment.

(3.) Facts of the case, in brief, are that the claimant Piar Chand (appellant in FAO No.387 of 2007) filed a Claim Petition before the Tribunal under Section 166 of the Motor Vehicles Act, (for short, the Act), for grant of compensation to the tune of Rs.5,40,000/-, as per the break-ups given in the Claim Petition, on the ground that on 28th November, 2003, at about 7.30 p.m., the claimant was coming back to his home on his scooter, was hit by the scooter bearing registration No.HP-21-3725, being driven rashly and negligently by respondent No.1, namely, Sanjay Kumar, as a result of which, the claimant sustained injuries and became unconscious, was taken to a private hospital at Barsar, fromwhere was referred to PGI, Chandigarh and was operated upon on 29.11.2003. FIR No.120/2003, dated 28.11.2003, under Sections 279 and 337 IPC was also registered at Police Station, Barsar.