NEW INDIA ASSURANCE CO. LTD. Vs. KHAIRATI LAL

JUDGEMENT

(1.) The instant appeal has been filed against award dtd. 28/3/2013 passed by learned Motor Accident Claims Tribunal-I, Sirmaur District at Nahan in MAC Petition No. 63- MAC/2 of 2007, whereby respondent No.1 has been awarded a sum of Rs.1,80,000.00 alongwith interest @ 7.5% per annum and the liability has been fastened on the appellant/insurer.

(2.) Respondent No.1 filed claim petition under Sec. 166 of the Motor Vehicles Act (for short, "The Act") for grant of 1 Whether the reporters of the local papers may be allowed to see the Judgment? compensation with the averments that on 10/5/2005 respondent No.1 was on board vehicle No. HP-18A-0201 and was travelling from Ambala to Nahan. At place near Chotti Bassi, a bus bearing No. CH-03B-1215 came from opposite side and hit the vehicle No. HP-18A-0201 causing injuries to respondent No.1. The cause of accident was attributed to the rash and negligent driving of respondent No.2. The offending bus was stated to be owned by respondent No.3 and insured by the appellant. Respondents No. 4 and 5 were impleaded as party- respondents, being owner and insurer of the vehicle in which the petitioner was travelling.

(3.) Respondent No.1 claimed compensation by alleging his income at Rs.5,000.00 per month. Respondent No.1 further claimed himself to be 44 years of age. It was averred that FIR No. 83 dtd. 10/5/2005 under Ss. 279 and 337 of IPC was registered at Police Station, Naraingarh against respondent No.2.