ANKIT Vs. SANJEEV KUMAR AND ORS.

JUDGEMENT

(1.) This appeal is directed against the award, dated 3rd June, 2009, passed by the Motor Accident Claims Tribunal(II), Shimla, H.P., (for short, the Tribunal), in Claim Petition No. 44 -S/2 of 08/2000, titled Ankit v/s. Sanjeev Kumar and others, whereby compensation to the tune of Rs. 4.61 lacs, alongwith interest at the rate of 9% per annum from the date 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).

(2.) The insurer, the driver and the owner/insured have not questioned the impugned award on any count, thus, the same has attained finality so far as it relates to them. Only the claimant has questioned the impugned award on the ground of adequacy of compensation.

(3.) Thus, the question to be determined in the instant appeal is - Whether the amount awarded by the Tribunal is inadequate? The answer is in the affirmative for the following reasons.