RAFIA RAM Vs. RAKHI AND OTHERS

JUDGEMENT

(1.) Challenge in this appeal is to award, dated 16th September, 2011, made by the Motor Accident Claims TribunalII, Mandi, District Mandi, H.P., (for short "the Tribunal") in MACT No. 75 of 2003, titled as Smt. Rakhi and others versus Sh. Arun Kumar and others, whereby compensation to the tune of ₹ 12,89,288/ with interest @ 6% ? per annum from the date of filing of the claim petition till its realization came to be awarded in favour of the claimants and the ownerinsured of Maruti Van came to be saddled with liability (for short "the impugned award").

(2.) The appellantownerinsured of Maruti Van has questioned the impugned award on the grounds taken in the memo of the appeal.

(3.) Learned counsel appearing on behalf of the appellantownerinsured of the Maruti Van argued that another claim petition, being Claim Petition No. 12 of 2008, titled as Smt. Ranjeeta & others versus Arun Kumar & others, arising out of the same accident came to be determined by Motor Accident Claim Tribunal (I), Mandi (for short "MACTI") in terms of award, dated 12th January, 2010, wherein it was held that the accident was outcome of rash and negligent driving of bus, bearing registration No. HP316555, by its driver and the insurer of the bus came to be saddled with liability. Further argued that the said award was questioned by the insurer of the bus before this Court by the medium of FAO No. 222 of 2010, titled as National Insurance Company Ltd. versus Smt. Ranjeeta & others, and the award made by MACTI was upheld by this Court vide judgment, dated 10th April, 2015. It has been prayed that in view of the abovesaid position, the impugned award be set aside and the insurer of the bus be saddled with liability and the appellantownerinsured of the Maruti Van be exonerated. He has also made available copy of the judgment in FAO No. 222 of 2010, across the Board, made part of the file.