UNITED INDIA INSURANCE COMPANY LTD. Vs. MADAN LAL

JUDGEMENT

(1.) Award dated 25th November, 2009, made by the Motor Accident Claims Tribunal, Fast Track Court, Shimla, H.P., in M.A.C. Petition No. 81-S/2 of 2005/04, titled as Shri Madan Lal versus Shri Rakesh Kumar & others, has given birth to both these appeals, for short, "the impugned award".

(2.) Claimant Madan Lal filed claim petition before the Tribunal, for grant of compensation to the tune of Rs. 5,22,000/-, on the ground that his father Mast Ram became victim of the motor vehicular accident, which was caused by driver, namely Rakesh Kumar, while driving vehicle-Mahindra Pick Up bearing registration No. HP-09A-0197, rashly and negligently, on 23rd December, 2002, at about 2.40 p.m., near Hotel 'Asia The Dawn'; Shimla, sustained injuries and succumbed to the injuries; FIR No. 300/2002 was registered in Police Station Boileauganj, Shimla and the deceased was earning Rs. 5,000/- per month.

(3.) Initially, the driver appeared before the Tribunal, but later on, he failed to do so. Accordingly, he was set ex-parte. The owner also did not appear before the Tribunal and was set ex-parte.