LAWS(HPH)-2014-5-138

ASHA Vs. MOTI RAM

Decided On May 16, 2014
Smt. Asha And Others Appellant
V/S
Sh. Moti Ram Respondents

JUDGEMENT

(1.) THIS appeal is directed against the award, dated 9th July, 2012, passed by the Motor Accident Claims Tribunal -II, Shimla, H.P. (hereinafter referred to as "the Tribunal") in M.A.C. No. 57 -S/2 of 2007, titled as Smt. Asha and others versus Sh. Moti Ram and others, whereby the claim petition filed by the claimants came to be dismissed (hereinafter referred to as "the impugned award"), on the grounds taken in the memo of appeal.

(2.) RESPONDENT No. 1 -owner -insured has also filed the cross -objections challenging the impugned award to the extent of saddling the liability upon the owner -insured of the offending vehicle.

(3.) THE claimants, in the claim petition, have specifically pleaded that the deceased had hired the vehicle for carrying his tools -equipments back from the house of said Shri Sahi Ram to his own house. It is also averred that his monthly income was Rs. 10,000/ -, which he was spending for the claimants, who were the dependents and have claimed compensation to the tune of ' ten lacs, as per the break -ups given in the claim petition.