LAWS(HPH)-2016-5-255

RAJNISH KUMAR Vs. PRATAP SINGH AND OTHERS

Decided On May 06, 2016
RAJNISH KUMAR Appellant
V/S
Pratap Singh And Others Respondents

JUDGEMENT

(1.) This appeal (FAO No. 52/2010) is directed against the judgment and award dated 1.12.2009, made by the Motor Accident Claims Tribunal Chamba, H.P. in MAC Petition No. 13 of 2008, titled Partap Singh versus The New India Assurance Company Ltd and others, for short "the Tribunal", whereby compensation to the tune of Rs.2,35,000/-, alongwith interest @ 7.5% per annum was awarded in favour of the claimant, hereinafter referred to as "the impugned award", for short.

(2.) Insurer, driver and claimant have not questioned the impugned award on any ground. Thus, it has attained finality so far as it relates to them.

(3.) The appellant/ owner/ insured has questioned the impugned award on the ground that the Tribunal has fallen in an error in saddling him with the liability. Thus, the only question to be determined in this appeal is-whether the Tribunal has rightly discharged the insurance from the liability and saddled the appellant/insured with the liability. The answer is in negative for the following reasons.