RAJ KUMAR ASHRAM Vs. INDRA BAI

JUDGEMENT

(1.) This is owner's appeal directing against the impugned award dated 05.11.2009 passed by the Additional Motor Accidents Claims Tribunal, Balod, Dist. Durg (for short 'the Tribunal') in claim case No. 2/2006 whereby the Tribunal awarded a sum of Rs. 1,97,800/- along with interest at 6% per annum in a death case and fastened the liability to pay compensation on the owner.

(2.) Brief facts of the case, in a nutshell, are that the deceased - Ujar Singh was working as Helper in Metador bearing No. M.P.26 B 4879 (for short 'the offending vehicle'). On 14.01.1994 when the deceased was travelling with paddy, the said offending vehicle was met with accident by its driver, who was driving the vehicle in an uncontrollable speed and rash and negligent manner, resulting into death of Ujar Singh.

(3.) It is not disputed that offending vehicle was belonged to the Appellant and was insured with Respondent No. 5.