RAM PYARI Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) By the medium of this appeal, appellants i.e. the owner and the driver, have challenged the award, dated 16th April, 2007, made by the Motor Accident Claims Tribunal, Hamirpur, (hereinafter referred to as the Tribunal), in Claim Petition No.88 of 2005, titled Amar Nath Vs. Ram Pyari and others, whereby compensation to the tune of Rs.1,52,510/-, with interest at the rate of 9% per annum from the date of filing of the claim petition till its realization, was awarded in favour of the claimant and against the appellants (for short, the impugned award).

(2.) The owner and the driver have questioned the impugned award on the ground that the vehicle of the insured was not involved in the accident, but came to be roped in the litigation by the police without any reason. Further, the driver of the offending vehicle, namely, Ajay Kumar, had not caused any accident. Despite the said fact, the Tribunal has saddled the appellants with the liability.

(3.) The claimant and the insurer have not questioned the impugned award on any ground. Therefore, the same has attained finality in so far as it relates to them.