GIAN CHAND NEGI Vs. MENOKA MANNA

JUDGEMENT

(1.) The owner has assailed the award dated 12/5/2000 passed by the Motor Accidents Claims Tribunal (II), Shimla in M.A.C. No. 27-S/2 of 1996, titled as Menoka Manna v. Gian Chand Negi.

(2.) The challenge is primarily on the finding returned by the Tribunal on issue No. 3.

(3.) On 26.9.1995 Dalip Kumar Manna was travelling in vehicle (Gypsy) No. HP 02-4217, which met with an accident near Kumarsain, District Shimla, H.P. He sustained injuries and had to be admitted to the State Hospital (Indira Gandhi Medical College & Hospital, Shimla). The vehicle owned by Gian Chand Negi, the appellant herein was being driven by Lekh Raj Dhiman. The injured continued to get treatment in hospital, but unfortunately on 1.10.1995 he succumbed to the injuries. At the time of his death, Dalip Kumar Manna, was 42 years of age and was serving in South Eastern Railway at Shalimar, Howrah (West Bengal) as Senior Goods Clerk and was drawing salary of Rs. 4,011.