MANAGING DIRECTOR, HPMC NIGAM VIHAR Vs. NARESH KUMAR

JUDGEMENT

(1.) THESE two appeals are outcome of a common judgment and award dated 1.11.2008, passed by the Motor Accident Claims Tribunal, Fast Track Court, Shimla, H.P. in MAC Petition No.23 -S/2 of 2006, titled Sh. Naresh Kumar versus Managing Director HPMC Nigam Vihar and others, hereinafter referred to as "the Tribunal", for short, whereby compensation to the tune of Rs.60,000/ - alongwith interest @ 9% per annum came to be awarded in favour of the claimant and against respondent No. 1 - Managing Director HPMC Nigam Vihar and respondent No.2 driver Ishwar Dass, jointly and severally and respondent No. 1 was directed to satisfy the award, for short "the impugned award", on the grounds taken in the memo of appeal.

(2.) IN view of the above, this judgment will govern both these appeals.

(3.) IT appears that in a vehicular accident which took place on 1st April, 2006 at about 7 p.m. at Green Park near Talland, caused by driver Ishwar Dass respondent No.2 herein, while driving Car No. HP -03A -0065 of the Managing Director H.P.M.C Nigam Vihar, Shimla, the claimant Naresh Kumar sustained injuries, was bedridden for two months and under treatment, constraining him to file claim petition before the Tribunal for the grant of compensation to the tune of Rs.11,65,320.60, as per the break -ups given in the claim petition.