LAWS(HPH)-2016-11-6

DESH RAJ SHARMA Vs. CHITRA RAI AND OTHERS

Decided On November 18, 2016
DESH RAJ SHARMA Appellant
V/S
Chitra Rai and others Respondents

JUDGEMENT

(1.) This appeal is directed against the award, dated 21st Feb., 2012, passed by the Motor Accident Claims Tribunal(II), Mandi, H.P., (for short, the Tribunal), in Claim Petition No. 58 of 2004, titled Desh Raj Sharma Vs. Ram Pyari and others , whereby compensation to the tune of Rs. 2,44,000.00, along with interest at the rate of 7.5% per annum, came to be awarded in favour of the claimant and the owner and the driver came to be saddled with the liability jointly and severally, (for short, the impugned award).

(2.) Feeling aggrieved, the claimant has questioned the impugned award by the medium of instant appeal on the ground that the amount awarded by the Tribunal is on the lower side. On the other hand, the legal representatives of the owner (respondents No. 1 and 2 herein) have filed Cross Objections seeking exoneration and have prayed that the insurer be saddled with the liability.

(3.) The driver and the insurer have not challenged the impugned award on any ground, thus, the same has attained finality so far as it relates to them.