Rekha Mittal, J. - (1.) The present appeal has been directed against the award passed by the Motor Accident Claims Tribunal, Fazilka ( in short "the Tribunal") whereby compensation has been awarded in respect of the injuries sustained by Balvinder Singh in a motor vehicular accident and liability has been fastened upon respondent Nos. 1 and 2 (appellants herein) i.e. driver and owner of the alleged offending vehicle.
(2.) To challenge observations and validity of the award, counsel for the appellants has two fold submissions to make. The first submission made by counsel is that as a compromise was effected between the parties, in pursuance whereof, the appellants paid an amount of Rs. 1,00,000/- to Smt. Jaswinder Kaur alias Sukhwinder Kaur wife of Balvinder Singh injured, the injured victim is estopped by his act and conduct to file the petition. Another submission made by counsel is that as the amount of Rs. 1,00,000/ was paid on 2.5.2013 and the petition for compensation was filed on 21.1.2015, the appellants are entitled to adjustment of interest at the rate of 9% per annum on the said amount out of compensation.
(3.) I have heard counsel for the appellants, perused the paper book particularly the award passed by the learned Tribunal.;