BHIM SINGH Vs. NARPAT RAM

JUDGEMENT

(1.) SUBJECT matter of this appeal is the award, dated 6th September, 2007, passed by Motor Accident Claims Tribunal, Mandi, H.P., (for short, the Tribunal), whereby Claim Petition No.6 of 2004, titled Bhim Singh vs. Narpat Ram and others, came to be determined and compensation to the tune of Rs.1,87,000/ -, with interest at the rate of 7.5% per annum, was awarded in favour of the Claimant, (for short, the impugned award).

(2.) FACTS of the case, in brief, are that claimant Bhim Singh (appellant herein), on 10th May, 2003, was coming to Sainj from Shikari Mata Temple, in a Maruti Van bearing registration No.HP -33 -1510. At about 5.00 p.m., when the said Van reached near Kandi curve, a private bus bearing registration No.HP -33 -2410, being driven by its driver, namely, Girja Nand, (respondent No.2), rashly and negligently, hit the Maruti Van, as a result of which the claimant sustained injuries, was taken to Primary Health Centre, Bagsaid and thereafter, was referred to Zonal Hospital, Mandi, where he remained admitted from 10th March, 2003 to 10th June, 2003, hence the Claim Petition.

(3.) THE Claim Petition was resisted by the insurer, the owner and the driver, and the following issues came to be framed by the Tribunal: