BABU RAM Vs. AJAY KUMAR

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 5.12.2009, made by the Motor Accident Claims Tribunal (1), Kangra at Dharamshala, H.P. in MACP No. 13-D/II-2008, titled Ajay Kumar and another versus Babu Ram and others, for short "the Tribunal", whereby compensation to the tune of Rs.1,22,500/-, alongwith interest @ 9% per annum with Rs.2000/- as costs, was awarded in favour of the claimants and insured/appellant herein came to be saddled with the liability, hereinafter referred to as "the impugned award", for short.

(2.) Insurer, driver and claimants have not questioned the impugned award on any ground. Thus, it has attained finality so far as it relates to them.

(3.) The appellant/ owner/ insured has questioned the impugned award on the ground that the Tribunal has fallen in an error in saddling him with the liability. Thus, the only question involved in this appeal is-whether the Tribunal has rightly recorded the findings on issue No. 5 and part of issue No.2. The answer is in negative for the following reasons.