NATIONAL INSURANCE CO LTD Vs. DHANBIR KUMAR

JUDGEMENT

(1.) In this petition filed under Article 227 of the Constitution of India, petitioner insurer has challenged the judgment and award dated 31.3.2004 passed in M.A.C. Petition No. 147-N/2 of 2001 whereby claimant-respondent No. 1, has been awarded a compensation of Rs. 2,000 for having sustained 'simple injuries'. Whereas respondent No. 1 in this petition was the claimant before Claims Tribunal, respondent Nos. 2 and 3 herein were the owner and the driver respectively of the vehicle involved in the accident.

(2.) Common ground between the parties is that an accident involving vehicle No. HR 37-3920 occurred on 21.2.2001 al- legedly due to rash and negligent driving of this vehicle by its driver, Baryam Singh, respondent No. 3.

(3.) The respondent No. 1 and various other persons were travelling in this bus at the time of the mishap. All these persons claiming to have been injured in this accident filed their individual claim petitions and by a common judgment/award the Tribunal disposed of all these claim petitions, Claim Petition No. 147-N/2 of 2001 being one of them. Following five issues were framed by the Tribunal for adjudication in these cases: