BALWANT SINGH NEGI Vs. DEEPAK SHARMA AND OTHERS

JUDGEMENT

(1.) Subject matter of this appeal is the award, dated 17th Aug., 2011, passed by the Motor Accident Claims Tribunal, Hamirpur, H.P., (for short, the Tribunal), whereby compensation to the tune of Rs.3,53,800.00 with interest at the rate of 7.5% per annum, from the date of filing of the claim petition till deposit, came to be awarded in favour of the claimants and the insurer was saddled with the liability, with right of recovery, (for short the "impugned award ").

(2.) Claimants, the driver and the insurer have not questioned the impugned award on any count, thus, the same has attained finality so far as it relates to them.

(3.) Facts of the case, in brief, giving rise to the instant appeal, are that on 11th June, 2008, at about 2.45 p.m., Amrit Kumari, mother of the claimants, was walking on foot alongside the road at Dosarka, District Hamirpur, H.P. All of a sudden, said Amrit Kumari was run over by scooter bearing No.HP-22-7222, being driven rashly and negligently by original respondent No.2 Nishant Kumar, as a result of which Amrit Kumari sustained injuries, was taken to District Hospital, Hamirpur, from where she was referred to PGI Chandigarh where she remained admitted till 19th June, 2008. Ultimately, said Amrit Kumari succumbed to the injuries sustained by her in the accident, on 21st June, 2008.