UNITED INDIA INSURANCE COMPANY LTD Vs. SUNIL KUMAR

JUDGEMENT

(1.) Aggrieved against award dtd. 9/9/2011, passed by learned Motor Accident Claims Tribunal, Ghumarwin, H.P. in MAC Petition No. 37 of 2006, the insurer has filed the instant appeal.

(2.) Respondent No. 1 (hereinafter referred to as the 'claimant') had filed the petition under Sec. 166 of the Motor Vehicles Act (for short 'The Act') impleading the owner, driver and insurer as party respondents. Respondents No. 2 and 3 herein, are the owner and driver, respectively and shall hereafter referred by the same status. The insurer is the appellant before this Court.

(3.) The claimant had claimed compensation on the premise that he had suffered multiple injuries on his person in a motor vehicle accident that took place on 5. 06.2006 at Upperli Bhager, District Bilaspur, H.P. It was alleged that the appellant was standing in front of the shop alongwith vehicle (Jeep No. HP-24-0121). At about 12:00 noon, Truck No. HP-10-1817, came from Ghumarwin side and hit the appellant. The cause of accident was attributed to the rash and negligent driving of the driver.