PRAVEEN KUMAR Vs. SUNIL KUMAR & ANR.

JUDGEMENT

(1.) Both these appeals are the outcome of one award, dated 28th Feb., 2009, passed by the Motor Accident Claims Tribunal, Una, (for short, the Tribunal), in Claim Petition No. 33 of 2005, titled Parveen Kumar Vs. Sunil Kumar and another , whereby compensation to the tune of 67,400.00, with interest at the rate of 7% per annum from the date of filing of the claim petition till realization, came to be awarded in favour of the claimant and the insurer was saddled with the liability, (for short the impugned award). Accordingly, both the appeals are taken up together for final disposal.

(2.) FAO No. 289 of 2009 has been filed by the claimant Parveen Kumar for enhancement of compensation, while the insurer has laid challenge to the impugned award by filing FAO No. 421 of 2009.

(3.) Facts of the case giving rise to the present appeals are summarised thus. On 20th April, 2003, Claimant Parveen Kumar, along with one Manmohan, was travelling on a scooter bearing No. HP-19-2297, and at about 11.45 a.m., when they reached at village Chanari near Silver Factory, a Tata Sumo bearing No. PB-07E-7213, which was driven by Sunil Kumar (original respondent No. 1) rashly and negligently, hit the scooter, resulting into injuries to the claimant Parveen Kumar. An FIR bearing No. 57 of 2003, dated 21st April, 2003, was registered at Police Station Gagret, District Una, H.P. under Sections 279, 337 and 201 of the Indian Penal Code. Thus, the claimant filed the claim petition claiming compensation to the tune of 10.00 lacs, as per the break-ups given in the Claim Petition.