SATYEN VAIDYA
Pushpinder Singh @ Monu – Appellant
Versus
Rajesh Mehta – Respondent
sJUDGMENT :
(Satyen Vaidya, J.)
1. Both these appeals are being decided by a common judgment as these arise from same Award dated 20.4.2014, passed by learned Motor Accident Claims Tribunal, Shimla, H.P. in MACC No. 1-S/2 of 2012 and also involve identical questions of law and facts.
2. FAO No. 414 of 2014 has been filed by the claimant for enhancing of Award amount, whereas FAO No. 420 of 2014 has been filed by insurer, assailing the quantum of compensation to be on higher side.
3. Brief facts necessary for adjudication of these appeals are that claimant Pushpinder Singh alias Monu on 30.6.2006, while riding motorcycle was hit by a Car bearing Registration No. CH-03Y-7187, and suffered grievous injuries resulting in 50% disability. The offending car was owned by respondent No.1 (for short, ‘the owner’) and driven by respondent No.2 (for short, ‘the driver’) in FAO No. 414 of 2014.
4. Claimant preferred claim petition under Section 166 of Motor Vehicles Act (for short, ‘the Act’) before learned Motor Accident Claims Tribunal, Shimla (for short, ‘the Tribunal’) with the allegation tha
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