Virender Kumar alias Virender Singh v. Puneet Patial
2016-10-21
MANSOOR AHMAD MIR
body2016
DigiLaw.ai
JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the award, dated 16th February, 2011, passed by the Motor Accident Claims Tribunal, Hamirpur, H.P. (for short, “the Tribunal”) in MAC Petition No.24 of 2009, titled as Puneet Patial alias Vinay vs. Shri Jai Ram & others, whereby compensation to the tune of Rs.14,31,162/- with interest @ 7.5% per annum from the date of filing of the claim petition till its realization came to be awarded in favour of the claimant and the owners and driver came to be saddled with liability (for short “the impugned award”). 2. This Court has already decided the issue involved in this appeal in FAO No.177 of 2011, titled as Jai Ram vs. Puneet Patial & others, decided on 27th April, 2012 and all the points have been determined and the award in that case was upheld. The grounds taken in this appeal are similar to that of FAO No.177 of 2011. 3. Having said so, the appeal merits to be dismissed. Dismissed as such. 4. At this stage, learned counsel for the appellants argued that though the case in hand is covered by the judgment 27th April, 2012, passed in FAO No.177 of 2011, but the claimant claimed compensation to the tune of Rs.10,00,000/- in the claim petition, whereas the Tribunal has granted more than that. 5. It appears that the Tribunal has wrongly assessed the compensation while determining issue No.2. Keeping in view the discussions made in paras 39 to 44, I deem it proper to award only Rs.10,00,000/- as claimed by the claimant in claim petition with interest as awarded. 6. The appellants have to bear the costs which are quantified at Rs. 1,00,000/-. 7. Learned counsel for the appellants stated at the Bar that the amount to the tune of Rs.25,000/- stands already deposited. The appellants are directed to deposit the remaining amount in the Registry within six weeks from today and on deposit, the entire amount be released in favour of the claimant strictly as per the terms and conditions contained in the impugned award through payee’s account cheque or by depositing the same in his bank account. 8. Send down the record after placing copy of the judgment on the Tribunal's file.