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2022 Supreme(HP) 633

JYOTSNA REWAL DUA
Vishal Kumar S/o Sh. Ramesh Chand – Appellant
Versus
Bhushan Kumar Sharma Alias Sunder Sharma, S/o Late Sh. Krishan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Neel Kamal Sharma, Adv.
For the Respondent: Mr. Naveen K. Bhardwaj, Ms. Devyani Sharma, Mr. Rajiv Rai, Mr. Vikram Singh, Vice Mr. J.S. Bagga, Mr. A.K. Sharma, Advs.

JUDGMENT :

The appellant is owner of Indica car No.HP-01A0332. This car met with an accident on 21.02.2008 that also involved a truck bearing No. HP-20-7785. The accident resulted in causing injuries to one Bhushan Kumar Sharma. He filed a claim petition under Section 166 of the Motor Vehicles Act. The learned Motor Accident Claims Tribunal (in short the Tribunal) vide its award dated 20.12.2013 allowed compensation of Rs.3,85,472/- alongwith interest @ 7.5% per annum from the date of filing of the petition till realization of the amount in favour of the claimant. The liability to satisfy the awarded amount was fastened upon the owner and driver of the car. Feeling aggrieved, owner of the car has preferred instant appeal.

2. Learned counsel for the appellant has advanced submissions on the following main points: -

    (i) The findings of the learned Tribunal that accident in question occurred due to rash and negligent driving of the car by appellant’s driver Shyam Lal (respondent No.9), is contrary to the pleadings and evidence on record. The accident was caused due to rash and negligent driving of the truck by respondent No.7.

(ii) Even if it is held that the accident was caused because o

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