ASHOK KUMAR Vs. KAMLA DEVI

JUDGEMENT

(1.) Appellants have invoked jurisdiction of this Court in terms of Section 173 of the Motor Vehicles Act, 1988, for short "the Act", whereby they have questioned the impugned award, dated 30.09.2006, passed by the Motor Accident Claims Tribunal, Fast Track Court, Kangra at Dharamshala, (hereinafter referred to as "the Tribunal"), in MAC Petition No. 92-D/II/05/2000, titled as Smt. Kamla Devi & another versus Ashok Kumar & others, whereby compensation to the tune of Rs. 1,80,000/- with interest @ 9% per annum came to be awarded in favour of the claimants-respondents No. 1 & 2 herein and against respondents Ashok Kumar and Kalyan Chand-appellants herein, from the date of the claim petition till its realization, (for short "the impugned award"), on the grounds taken in the memo of appeal.

(2.) Claimants, Smt. Kamla Devi, wife of Shri Balak Ram and Shri Balak Ram, son of Shri Nand Lal filed the claim petition before the Tribunal, for grant of compensation to the tune of Rs. 4,50,000/-, as per the breaks-up given in the claim petition on the following grounds:

(3.) The respondents contested the claim petition on the grounds taken in their objections. Following issues came to be framed by the Tribunal on 25.07.2006: