NATIONAL INSURANCE COMPANY LTD. Vs. SHIV RAM

JUDGEMENT

(1.) THIS is an appeal filed by the appellant under Section 173 of the Motor Vehicles Act, 1988, hereinafter referred to as ˜the Act, against the award passed by the Motor Accident Claims Tribunal, Solan, dated 3.11.2005, vide which the petition filed by the claimant/respondent No.1 under Section 166 of the Act as against respondents No.2 and 3 and the appellant, who was impleaded as respondent No.3, was allowed and an award for a sum of Rs.1,05,098/ - was passed in favour of the claimant and as against the respondents, which was payable by the appellant.

(2.) BRIEFLY stated the facts of the case are that a claim petition was filed by the claimant (respondent No.1 herein) under Section 166 of the Act for the grant of compensation. It was alleged by the claimant that he boarded a Canter Eicher No.HP -14 -6586 from Solan for going to Delhi alongwith his agriculture produce. The vehicle met with an accident on 18.6.2003 at about 5.30 a.m. at Madroli (Panipat). The petitioner was admitted in the hospital at Panipat and then at Solan. The petitioner was then referred to Indira Gandhi Medical College, Shimla and thereafter to PGI, Chandigarh. The petitioner alleged that the accident took place due to rash or negligent driving of the driver of the vehicle, namely, respondent No.2. The petitioner alleged that he suffered multiple injuries, had been under treatment and claimed compensation to the extent of Rs.6.00 lacs. Respondent No.1 was impleaded as owner of the vehicle, while the appellant was impleaded as respondent No.3, being the insurance company with which the vehicle was insured.

(3.) I have heard the learned counsel for the parties and have gone through the record of the case.