Prakash Chand v. Himachal Road Transport Corporation
2014-09-26
MANSOOR AHMAD MIR
body2014
DigiLaw.ai
JUDGMENT Mansoor Ahmad Mir, J. 1. The appeal and the cross-objections are directed against the award dated 13.11.2006, made by the Motor Accidents Claims Tribunal, Mandi, H.P. (hereinafter referred to as the Tribunal) in Claim Petition No. 48 of 2003, titled as Sh. Prakash Chand & another vs. Himachal Road Transport Corporation & others, whereby compensation to the tune of Rs. 1,15,000/- with interest @ 7½% per annum from the date of the claim petition till its realization, came to be awarded in favour of the claimants-appellants herein and against respondents No. 1 & 2, i.e. Himachal Road Transport Corporation through its Managing Director, Shimla and Himachal Road Transport Corporation Kangra Region, through its Regional Manager, Dharamshala, Distt. Kangra, (for short, the impugned award. 2. The claimants have questioned the impugned award on the ground of adequacy of compensation. 3. By way of cross-objections, the owner has questioned the impugned award on the ground that the award amount is excessive. 4. Learned Counsel for respondents No. 1 & 2 Himachal Road Transport Corporation was asked to show on what ground he has filed the cross-objections, but he is not in a position to make a whisper. 5. However, I have gone through the cross-objections, are misconceived, hence dismissed. 6. I have scanned the evidence available on the file and gone through the impugned award. 7. The Tribunal has held that the driver was liable and the accident is outcome of contributory negligence. 8. The owner of the scooter-offending vehicle has not questioned the impugned award, thus it has attained finality, so far as it relates to him. 9. The claimants are brother and grand mother of the deceased. Parents of the deceased are not before this Court. 10. I am of the considered view that the compensation is adequate, cannot be said to be excessive, in any way. Thus, the impugned award is upheld. The appeal and the cross-objections are dismissed. 11. The Registry is directed to release the awarded amount in favour of the claimants, strictly in terms of the conditions contained in the impugned award, through payees account cheque. 12. Send down the records after placing copy of the judgment on record.