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2015 DIGILAW 1190 (HP)

Brig. Ranjit Singh Verma v. Himachal Road Transport Corporation

2015-08-28

MANSOOR AHMAD MIR

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JUDGMENT : Mansoor Ahmad Mir, J. Challenge in this appeal is to the award dated 18th March, 2008 passed by the Motor Accident Claims Tribunal, Shimla in MACC No.43-8/2 of 2005, titled Brig. Ranjit Singh Verma vs. Himachal Road Transport Corporation & another, whereby the claim petition came to be dismissed (for short “the impugned award”), on the grounds taken in the memo of appeal. 2. The claimant/appellant invoked the jurisdiction of the Tribunal under Section 166 of the Motor Vehciles Act, 1988, (for short, the Act), seeking compensation on the ground that the driver, namely, Jagdish Chand, while driving bus bearing registration No.HP-07A-2167 rashly and negligently, belonging to the Himachal Road Transport Corporation (for short “HRTC”), hit the car of the claimant on its rear and thereby caused damage to the said car. Accordingly, the claimant filed the Claim Petition claiming compensation to the tune of Rs.1,38,000/-. 3. The respondents contested the claim petition by filing the reply. 4. The following issues came to be framed in the claim petition:- 1. Whether Car of the petitioner bearing No.HR-51N- 0974 was damaged on 11.10.2004 near Deo Ghat Solan due to rash and negligent driving of bus No.HP-07A-2167 by the driver respondent No.2, as alleged? …OPP 2. If issue No.1 is proved, whether the petitioner is entitled for compensation for damages to his vehicle as alleged, if so, what amount? …OPP 3. Whether the petitioner has no cause of action?…OPR. 4. Relief. 5. In order to prove their claim, the parties led their evidence. The Tribunal, after examining the pleadings and the evidence, held that the claim petition was not maintainable before it. 6. I have gone through the record. It was a third party claim and it has been proved on record that the claimant had suffered because of rash and negligent driving of the driver of the offending bus, thus, the claimant was entitled to compensation as third party. 7. I have gone through the evidence. In paragraph 20 of the claim petition, the claimant has given the details of the damage, which he suffered due to rash and negligent driving of the driver of the offending bus and has claimed Rs.1,38,000/- as compensation. However, in the facts of the case, I deem it proper to award Rs.1,00,000/- in lump sum without any interest and direct the respondent-HRTC to deposit the same within six weeks from today. However, in the facts of the case, I deem it proper to award Rs.1,00,000/- in lump sum without any interest and direct the respondent-HRTC to deposit the same within six weeks from today. In default, the respondent-HRTC shall be liable to pay interest @ 7.5% per annum from the date of claim petition till its final realization. 8. Appeal is accordingly disposed of.