Research › Search › Judgment

Himachal Pradesh High Court · body

2015 DIGILAW 1601 (HP)

Himachal Road Transport Corporation v. Krishan Kumar

2015-10-30

MANSOOR AHMAD MIR

body2015
JUDGMENT : MANSOOR AHMAD MIR, J. Subject matter of this appeal is the judgment and award, dated 29.02.2008, made by the Motor Accident Claims Tribunal, Fast Track Court, Mandi, H.P. (for short "the Tribunal") in Claim Petition No. 99/99, 42/2005, titled as Sh. Krishan Kumar Kaushal and others versus The Managing Director HRTC and others, whereby compensation to the tune of Rs.1,39,500/- with interest @ 7.5% per annum from the date of the petition came to be awarded in favour of the claimants (for short "the impugned award"). 2. At this stage, Mr. B.M. Chauhan, learned counsel for the insurer-respondent No. 8, stated at the Bar that two appeals, being FAOs No. 402 and 403 of 2008, arising out of the same accident, have already been settled wherein the appellants have been held liable and only an amount of Rs.500/- has been deducted from the amounts awarded by the Tribunal. His statement is taken on record. Mr. Ramesh Sharma, learned counsel for the appellants, has also admitted this fact. 3. In the given circumstances, it can be safely said that it is the liability of the appellants to satisfy the impugned award, as rightly held by the Tribunal, needs no interference. 4. The only question is - whether the amount awarded is excessive or otherwise? 5. I have gone through the impugned award. The Tribunal, while making discussions in paras 24 to 29, has awarded a meager amount. However, the claimants have not questioned the same, needs to be upheld. 6. Having said so, the impugned award is upheld and the appeal is dismissed, as indicated hereinabove. 7. Registry is directed to release the awarded amount in favour of the claimants strictly as per the terms and conditions contained in the impugned award after proper identification. 8. Send down the record after placing copy of the judgment on Tribunal's file.