MITTAR SINGH Vs. ASHISH KUMAR AND ORS.

JUDGEMENT

(1.) All these Miscellaneous Petitions (CMP (M) Nos. 669 to 672 of 1997) are proposed to be disposed of by a common order. All these petitions are directed against the award given by the Motor Accidents Claims Tribunal, Nahan, dated 25.9.1997.

(2.) The facts and the accident are not disputed. On analysis, the Tribunal has awarded an amount of less than Rs. 10,000.00 in each of these petitions on account of compensation for the injuries sustained by the applicants/claimants in the course of the accident. Liability has been fastened on respondent Nos. 1 and 2 before the Motor Accidents Claims Tribunal, i.e., the owner as well as the driver of the offending bus, jointly and severally. Admittedly, the remedy of statutory appeal is barred when the amount of compensation is less than Rs. 10,000.00.

(3.) It is in this manner that challenge to the award has been made by the petitioner by way of petitions filed under Sec. 227 of the Constitution of India. Mr. Kuldip Singh has referred to the cover note Exh. R-1, letter dated 14.11.1996, Exh. R-2, draft dated 23.11.1996, Exh. R-6, letter dated 26.11.1996, Exh. R-8 and it is being urged that these documents have been misconstrued and misinterpreted. It is further sought to be urged that the acceptance of the deposit on 26.11.1996 and the policy document having been issued later becomes valid from the date of the cover note dated 19.10.1996.