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2007 Supreme(AP) 119

ARIJIT PASAYAT, S.H.KAPADIA
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
MAMCHAND – Respondent


Advocates Appeared: ANURAG PANDEY, DR.KAILASH CHAND, MIHIR KUMAR, RAVINDER SINGH, SAUMYA SHARMA, Sudhir Kumar Gupta

DR. ARIJIT PASAYAT, J.

( 1 ) LEAVE granted.

( 2 ) CHALLENGE in this appeal is to the order passed by a Division Bench of the Punjab and Haryana High Court at Chandigarh. By the impugned order the High Court dismissed the appeal, so far as related to the respondent No. 1-Mam Chand and issued notice only to the driver cum owner i. e. respondent No. 2.

( 3 ) BACKGROUND facts in a nutshell are as follows: 3. 1. Respondent No. 1 (hereinafter referred to as the 'claimant') filed a claim petition in terms of Section 166 of the Motor Vehicles act, 1988 (in short the 'act') claiming compensation for alleged injuries caused to him by the offending vehicle on 31. 10. 2001. The allegation was that the respondent No. 2-Mohinder pal i. e. the driver and owner of the offending vehicle, a motor cycle No. HR01c-1531 was driving the same in rash and negligent manner. The same dashed against the scooter which the claimant was riding causing multiple injuries. Adjudicating the claim petition the Motor Accident claims Tribunal, Jagadhari (hereinafter referred to as the Tribunal') held that claimant respondent No. 1 was entitled to compensation of Rs. 60,000/- with interest at the rate of 9% from the







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