SHANTA Vs. B S CHAUHAN

JUDGEMENT

(1.) THE present appeals arise out of award dated 17. 1. 2007 passed by Motor Accidents Claims Tribunal (Fast track), Shimla, H. P. in M. A. C. Petition no. 138-S/2 of 2005/2004 tilted as Shanta v. B. S. Chauhan.

(2.) F. A. O. No. 72 of 2007 has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal and F. A. O. No. 132 of 2007 has been filed by United India Insurance Co. Ltd. assailing the award on the ground that Claims tribunal has wrongly fixed the liability on the insurance company.

(3.) ON 4. 7. 2004 bus bearing No. HP 51-3393, owned by B. S. Chauhan, met with an accident near village Kanog on kufrichail Road, District Shimla, H. P. An F. IR. was registered against the conductor of the bus Man Singh, who is alleged to have driven the vehicle at the time of accident. Sanjay alias Sanjeev was in fact the driver of the bus. In the said accident, various passengers received injuries and some of them succumbed to the same and died. Various claim applications were filed by the passengers before the different Motor accidents Claims Tribunals in the State.