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2016 DIGILAW 191 (HP)

Gian Singh alias Gian Chand v. Sunil Kumar

2016-03-04

MANSOOR AHMAD MIR

body2016
JUDGMENT : Mansoor Ahmad Mir, Chief Justice (oral) 1. This appeal is directed against the award, dated 29th February, 2008, passed by the Presiding Officer/M.A.C.T.-II, Fast Track Court, Hamirpur, H.P., (for short, “the Tribunal”) in MAC Petition No.55 of 2004/RBT. 10/2006, titled Gian Singh alias Gian Chand vs. Sunil Kumar & others, whereby a sum of Rs.5,000/- alongwith interest at the rate of 6% per annum came to be awarded as compensation in favour of the claimant and the owner was saddled with the liability (for short the “impugned award”). 2. The insurer, the driver and the owner have not questioned the impugned award on any count. Thus, the same has attained finality so far it relates to them. 3. The claimant, by the medium of this appeal, has sought the enhancement of compensation. 4. I have gone through the impugned award and the claim petition. 5. It appears that the Tribunal should have, at least, awarded Rs.25,000/- on account of ‘no fault liability’. Even otherwise, amount of Rs.5,000/- is too meager. Keeping in view the facts and circumstances of the case, the amount of compensation is enhanced by Rs.20,000/-, in addition to the amount of Rs.5,000/- already awarded by the Tribunal. Thus, the claimant is held entitled to Rs.25,000/- in toto. 6. The owner is directed to deposit the awarded amount in the Registry of this Court within eight weeks from today. On deposit, the same shall be released in favour of the claimant strictly as per the terms and conditions contained in the impugned award, through payees’ account cheque or by depositing the amount in his account. In default, the owner shall be liable to pay interest @ 6% per annum from the date of the impugned award. 7. The impugned award is modified, as indicated above. The appeal stands disposed of alongwith all miscellaneous applications accordingly. 8. Send down the records after placing a copy of the judgment on the Tribunal's file.