SH. GURPREET SINGH Vs. SH. KAPIL DEV

JUDGEMENT

(1.) By way of this appeal, appellant/owner has assailed the award passed by the Court of learned Motor Accident Claims Tribunal, Solan, in MAC Petition No. 17-NL//2 of 2008/07, dated 26.06.2010, vide which learned Tribunal below while allowing the claim petition, held the owner and driver of the vehicle involved in the accident jointly and severally liable to indemnify the claimant.

(2.) Brief facts necessary for the adjudication of the present case are that a claim petition was filed before Motor Accidents Claims Tribunal, Solan, by present respondent No. 1 on the ground that on 21.11.2006 while he was going to Baddi on a motorcycle which was being driven by his brother Navdeep, at around 10:45 a.m., when they reached near village Bhud, a vehicle bearing registration No. PB-12- 9722 by came from the opposite side being driven by its driver Mohan Singh rashly and negligently which hit the motor cycle of the petitioner, on account of which, he as well as his brother fell down and suffered multiple injuries. As per the claimant, he took preliminary treatment from Civil Hospital Nalagarh and thereafter got his right leg operated upon in PGI Chandigarh and thereafter twice at Ortho Hospital, Anandpur Sahib. On these bases, he filed the claim petition mentioning therein that he was disabled on account of accident which took place due to rash and negligent driving of the offending vehicle by its driver. He claimed compensation to the tune of Rs. 5,00,000/- from the respondents.

(3.) Learned Tribunal vide its award dated 26.06.2010 allowed the claim petition with costs and awarded compensation in favour of claimant in the following terms.