ASHOK SHARMA Vs. SHIV DEVI AND ORS.

JUDGEMENT

(1.) Both these appeals are the outcome of an award, dated 1st September, 2007, passed by Motor Accident Claims Tribunal, Shimla, (for short, the Tribunal), in MAC Petition No.169-S/2 of 2003, titled Ashok Sharma v. Shiv Devi and others, whereby compensation to the tune of Rs.32,349/- with interest at the rate of 7.5% per annum, came to be awarded in favour of the claimant Ashok Sharma and the owner of the vehicle, namely, Smt. Shiv Devi, came to be saddled with the liability, (for short the impugned award).

(2.) The claimant Ashok Sharma, by the medium of FAO No.459 of 2007, has questioned the impugned award on the ground of adequacy of compensation and has sought enhancement of the compensation. The owner of the offending vehicle Smt.Shiv Devi has questioned the impugned award by the medium of FAO No.472 of 2007 on the ground that the Tribunal has fallen in an error in saddling her with the liability, and wrongly discharged the insurer i.e. The New India Assurance Company Limited.

(3.) It is necessary to give brief resume of the facts of the case, the womb of which has given birth to the instant appeals. Claimant Ashok Kumar filed the Claim Petition before the Tribunal and sought compensation to the tune of Rs.5.00 lacs as per the break-ups given in the Claim Petition, on the ground that on 27th August, 2003, he was travelling in the offending truck bearing registration No.HP-63-0296, which met with an accident near Kufri, as a result of which he sustained injuries, was taken to Indira Gandhi Medical College, Shimla and remained under treatment for fracture on his right leg. In paragraph 10 of the Claim Petition, the claimant specifically stated that he boarded the offending truck at Parwanoo and was going to Rohru with karyana goods. It may be noted here that the Claimant has not averred in the Claim Petition that he had hired the offending truck for the purpose of carrying karyana goods.