UNITED INDIA INSURANCE CO LTD Vs. ROOP CHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 28.03.2007, made by the Motor Accident Claims Tribunal, Hamirpur, H.P. in MAC Petition No. 42 of 2006, titled Roop Chand versus United India Insurance Company Ltd. and others, whereby compensation to the tune of Rs.63,640/ - came to be awarded in favour of the claimant/respondent No.1 herein, on account of injuries suffered by him and insurer came to be saddled with the liability, hereinafter referred to as "the impugned award", for short, on the grounds taken in the memo of appeal.

(2.) THE claimant had filed claim petition before the Motor Accident Claims Tribunal for the grant of compensation, on account of injuries suffered by him in an accident, caused by rash and negligent driving of the driver of Bus No. HP -67 -0246, namely, Parvinder Kumar @ Nitu, owned by respondent No.2 and insured with respondent No.1, on 8.5.2004 at about 10 a.m. at Hathli on Bhota Hamirpur road. It is averred that the claimant was driving his motorcycle and was hit by the aforementioned bus from behind due to which he suffered multiple injuries including fractures. He was taken to Zonal Hospital, Hamirpur and then referred to other hospitals for further treatment. A sum of Rs.1,50,000/ - is stated to have been spent on his treatment.

(3.) RESPONDENTS resisted and contested the claim petition and following issues came to be framed.