LAWS(HPH)-2016-11-178

DEVINDER SINGH Vs. GEETAN DEVI AND OTHERS

Decided On November 18, 2016
DEVINDER SINGH Appellant
V/S
Geetan Devi And Others Respondents

JUDGEMENT

(1.) This appeal is directed against the award, dated 28th November, 2011, passed by the Motor Accident Claims Tribunal, Hamirpur, H.P., (for short, "the Tribunal") in Claim Petition No.19 of 2009, titled Geetan Devi and others vs. Devinder Singh, whereby the claim petition was allowed and compensation to the tune of Rs.6,50,000/-, with interest at the rate of 7.5% per annum, came to be awarded in favour of the claimant and the owner/appellant was saddled with the liability, (for short the "impugned award").

(2.) The claimants have not questioned the impugned award on any ground, thus, the same has attained finality so far as it relates to them. Feeling aggrieved, the owner has challenged the impugned award on the grounds taken in the memo of appeal.

(3.) Facts of the case, in brief, are that on 7th July, 2009, at about 4.45 p.m., deceased Tilak Raj was crushed by the Motorcycle bearing No.JK-02AE-4687, near Bus Stand, Hamirpur, being driven by the original respondent (appellant herein) rashly and negligently, as a result of which the deceased sustained injuries and succumbed to the same lateron. Claimants filed the claim petition before the Tribunal claiming compensation to the tune of Rs.7.00 lacs, as per the break-ups given therein.