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2015 DIGILAW 262 (HP)

GULSHER ALI v. RUPENDER ALIAS BILLA

2015-03-27

MANSOOR AHMAD MIR

body2015
ORDER : MANSOOR AHMAD MIR, J. 1. This appeal is directed against the award, dated 27th May, 2006, made by the Motor Accidents Claims Tribunal-I, Sirmaur, District at Nahan, Himachal Pradesh (hereinafter referred to as "the Tribunal") in Claim Petition No. 56-MAC/2 of 2005, titled as Gulsher Ali v. Rupender alias Billa & others, whereby the claim petition came to be dismissed, (for short, the "impugned award"). 2. The claim petition was dismissed by the Tribunal on the ground that the claimant has failed to prove that the vehicle, i.e. Maruti Car No. HP-17-8414 was involved in the accident. 3. However, I have gone through the statement of witness examined by the claimant as PW-1 Shri Mohammad Sharif. He has stated that the vehicle in question was involved in the accident. But witnesses Pal Singh and Baldev Singh, who according to PW-1 Mohammad Sharif, were present on the spot, have not been examined to corroborate the testimony of PW-1, supra. 4. Besides this, the claimant has suffered 10% permanent disability, was entitled to interim relief to the tune of Rs. 25,000/- as per the mandate of Section 140 of the Motor Vehicles Act, 1988, on the principle of 'no fault liability'. 5. Having said so, it is held that the claimant is entitled to Rs. 25,000/- as compensation in lump sum. 6. The insurer is directed to deposit Rs. 25,000/- before the Registry within six weeks from today. In default, interest @ 7.5% per annum shall be payable from today. Thereafter, the Registry to release the awarded amount in favour of the claimants. 7. The appeal is disposed of, as indicated herein above. 8. Send down the records after placing copy of the judgment on Tribunal's file.