ROSHAN LAL Vs. MEHAR CHAND AZAD

JUDGEMENT

(1.) IN the present appeal, the owner has assailed the award dated 28. 5. 2005 passed by the Motor Accidents claims Tribunal-II, Fast Track Court, hamirpur, H. P. in M. A. C. T. No. 4 of 2001. R. B. T. No. 34 of 2002, R. B. T. No. 3 of 2004, titled as Mehar Chand Azad v. Roshan Lal.

(2.) TWO claim petitions being M. A. C. T. No. 4 of 2001, R. B. T. No. 34 of 2002, r. B. T. No. 3 of 2004 and M. A. C. T. No. 6 of 2000, R. B. T. No. 35 of 2002, R. B. T. No. 4 of 2004 were decided in terms of the impugned award. The appeal filed by the claimant in M. A. C. T. No. 6 of 2000, r. B. T. No. 35 of 2002, R. B. T. No. 4 of 2004, was withdrawn by him and, therefore, the present appeal is concerned with the facts of the case titled as Mehar Chand azad v. Roshan Lal.

(3.) PRESENT respondent, Mehar Chand azad, filed a Claim Petition No. 166 of the motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), claiming compensation for a sum of Rs. 10,00,000 on account of injury and permanent disability suffered in an accident on 15. 1. 2000. Tractor No. HP 22-9756 being driven by Naresh Kumar in a rash and negligent manner, owned by the present appellant Roshan Lal and insured with New India Assurance Co. Ltd. (hereinafter referred to as 'the insurance company') met with an accident in which not only the claimant sustained injuries but the driver also died.