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2016 Supreme(HP) 1323

MANSOOR AHMAD MIR
Bhutto Devi – Appellant
Versus
Trilok Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ambika Kotwal
For the Respondents: Mr. Ajay Kumar Dhiman, Mr. Praneet Gupta

JUDGMENT :

Mansoor Ahmad Mir, J.

This appeal is directed against the judgment and award dated 23.4.2011, made by the Motor Accident Claims Tribunal, (1), Kangra, at Dharamshala, H.P. in MACP. (RBT) No. 100-P/II-2010/2007, titled Smt. Bhotto Devi versus Trilok Singh and others, for short “the Tribunal”, whereby the claim petition filed by the claimant came to be dismissed, however, Rs.50,000/- was awarded in favour of the claimant and against respondents No. 1 to 3 under no fault liability, hereinafter referred to as “the impugned award”, for short.

2. Drivers/owners and insurers have not questioned the impugned award on any ground. Thus, the same has attained the finality so far as it relates to them.

3. The claimant being the victim of a vehicular accident has filed claim petition before the Tribunal for the grant of compensation to the tune of Rs.8,00,000/-, as per the break-ups given in the claim petition, which was resisted and contested by the respondents and following issues came to be framed by the Tribunal.

“(i) Whether respondent No.2 drove HP -02-6494 rashly and negligently on 2.6.2006 and caused death of Mast Ram? OPP

(ii) If issue No. 1 is proved, to what compensation the pet




































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