Manu Sharma v. Himachal Road Transport Corporation
2014-10-10
MANSOOR AHMAD MIR
body2014
DigiLaw.ai
JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the award dated 31st January, 2007, made by the Motor Accident Claims Tribunal (II), Fast Track Court, Hamirpur, (HP), (hereinafter referred to as ?the Tribunal?) in M.A.C. Petition No. 39 of 2004, titled as Manu Sharma versus Himachal Roadways Transport Corporation & others, whereby claim petition came to be dismissed, for short ?the impugned award. Brief Facts: 2. The appellant-claimant has invoked jurisdiction of the Tribunal, in terms of the mandate of Section 166 of the Motor Vehicles Act, 1988, for short ?the Act?, for grant of compensation to the tune of Rs.9,00,000/-, as per the break-ups given in the claim petition. 3. The claim petition was resisted and contested by the respondents. 4. Following issues came to be framed by the Tribunal on 14.06.2005:- ?1. Whether the petitioner had suffered injuries on account of rash and negligent driving of respondent No. 3 of vehicle No. HP- 14-5324? …..OPP 2 If issue No. 1 is proved, to what amount of compensation and from whom is the petitioner entitled to? …OPP 3. Relief.? 5. The claim petition came to be dismissed vide the impugned award, on the ground that FIR No. 87/2003, dated 30.7.2003 was lodged against the claimant and challan was presented against him under Section 173(2) of the Code of Criminal Procedure before the Court of competent jurisdiction. 6. It appears that the questions of law and fact are involved, therefore, it is open for the claimant to seek appropriate remedy. 7. The findings returned by the Tribunal are legal one, need no interference. 8. Having said so, the appeal merits to be dismissed, is dismissed. However, if the claimant seeks an appropriate remedy, this judgment shall not come in his way.