SARVAN KUMAR Vs. ASHA KUMARI AND OTHERS

JUDGEMENT

(1.) Subject matter of this appeal is the award, dated 8th July, 2010, passed by the Motor Accident Claims Tribunal(II), Kangra at Dharamshala, H.P., (for short, the Tribunal), in Claim Petition No.12-P/2006, titled Asha Kumari and others vs. Sanik Bus Service and others, whereby the claim petition was allowed and compensation to the tune of Rs.6,60,800/-, with interest at the rate of 7% from the date of filing of the petition till realization, came to be awarded in favour of the claimants and original respondents No.3 i.e. insurer of the bus and original respondents No.4 & 5 i.e. the owner and the driver of Maruti Van, came to be saddled with the liability in the ratio of 50 : 50, (for short, the impugned award).

(2.) The claimants, the driver of the Maruti Van, the driver of the bus, the owner/insured of the bus and the insurers of both the offending vehicles, have not questioned the impugned award on any count, thus, the same has attained finality so far as it relates to them.

(3.) Feeling aggrieved and dissatisfied, the appellant i.e. the owner of the Maruti Van has questioned the impugned award on the ground that the Tribunal has wrongly saddled him with 50% liability, rather the insurer had to be saddled.