JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the award, dated 30th October, 2008, passed by the Motor Accident Claims Tribunal-II, Solan, H.P., (for short, the Tribunal), in Claim Petition No.15-S/2 of 2007/06, titled Sukh Pal vs. Pushpinder Singh and others, whereby compensation to the tune of Rs.3.00 lacs with interest at the rate of 9.5% per annum from the date of filing of the Claim Petition till realisation came to the awarded in favour of the claimant and the insurer/appellant was saddled with the liability, (for short the impugned award). 2. The claimant, the owner and the drivers have not questioned the impugned award, thus, the same has attained finality so far as it relates to them. 3. The learned Senior Advocate appearing for the appellant/insurer argued that the Tribunal has awarded Rs.3.00 lacs, with interest, without any proof on the file. I have gone through the impugned award. A perusal of paragraph 10 of the impugned award shows that the Tribunal has not spelled out as to how it has come to the conclusion that the claimant is entitled to Rs.3.00 lacs. 4. The claimant has examined PW-5 Prem Singh, Mechanic, who has stated that the accident was of such a high magnitude that the vehicle in question had rolled down around 300 feet and was totally damaged. I have also gone through the insurance policy, which discloses that the insured value of the vehicle in question was Rs.4.00 lacs. At the same time, it is also a fact that the claimant has not led specific evidence to prove the extent of damage, except PW-5 Prem Singh, Mechanic. 5. Keeping in view the aim and object of granting compensation, read with the fact that the claimant is in lis right from the year 2006, I deem it proper to exercise guess work. As discussed hereinabove, the total risk cover is Rs.4.00 lacs including damages of the vehicle. 6. In view of the above discussion, Rs.3.00 lacs, in lump sum, is just and appropriate compensation keeping in mind the value of the insured vehicle. 7. Accordingly, the impugned award is modified by providing that the claimant is entitled to Rs.3.00 lacs, in lump sum, without any interest.
6. In view of the above discussion, Rs.3.00 lacs, in lump sum, is just and appropriate compensation keeping in mind the value of the insured vehicle. 7. Accordingly, the impugned award is modified by providing that the claimant is entitled to Rs.3.00 lacs, in lump sum, without any interest. The Registry is directed to release the amount, as above, in favour of the claimant and the excess amount, if any, deposited by the insurer, along with up-to-date interest accrued thereon, be refunded to the insurance Company through payee’s account cheque. 8. At this stage, it is submitted that 50% amount has already been released in favour of the claimant. This fact be taken care of by the Registry at the time of releasing the amount in favour of the claimant. 9. The appeal stands disposed of accordingly.