BHIMA GUPTA Vs. BHIM SINGH AND ANOTHER

JUDGEMENT

(1.) This appeal is directed against the award, dated 1st Sept., 2009, passed by the Motor Accident Claims Tribunal, Solan, H.P., (for short, the Tribunal), in Claim Petition No. 06-S/2 of 2008, titled Bhima Gupta Vs. Bhim Singh and another , whereby the claim petition was allowed and compensation to the tune of Rs. 10,000.00, along with interest at the rate of 7% per annum, from the date of filing of the claim petition till deposit, was awarded in favour of the claimant and respondents No. 1 & 2 were saddled with the liability, jointly and severally, (for short, the impugned award).

(2.) Respondents No. 1 i.e. owner of the offending scooter and respondent No. 2 i.e. the person who was driving the scooter at the time of accident, have not challenged the impugned award on any count, thus, the same has attained finality so far as it relates to them. Even before this Court, despite service, the said respondents chose not to appear, thus, are proceeded against ex parte.

(3.) Facts of the case, as pleaded by the claimant/appellant in the claim petition, in brief, are that on 12th Feb., 2007, at about 3.00 p.m., when the claimant was going to her house, respondent No.2 while driving Scooter No. HP-11- 2144 rashly and negligently, lost control over it and hit the claimant, as a result of which she sustained injuries, was taken to Primary Health Centre, Darlaghat, from where she was referred to Zonal Hospital, Solan, where she remained admitted for three days. Thus, the claimant claimed compensation to the tune of Rs. 5.00 lacs, as per the break-ups given in the claim petition.