SANTOSH KUMAR Vs. TETARI DEVI

JUDGEMENT

(1.) Fixation of liability to an extent of Rs.2 Lacs with interest as compensation payable to the Respondent-Claimant in connection with the accident occurred on 11.10.2011 involving the motorcycle ridden by the Appellant is the subject matter of challenge in this appeal.

(2.) On 11.10.2011, at about 4.30 PM, a minor boy aged about 7 years, by name, Ajit Pal (son of the Respondent in this appeal) was proceeding along the road, when he was knocked down by the motorcycle bearing registration No.CG-16/D/4700 ridden by the Appellant, causing fatal injuries, ultimately leading to his death. This led to the claim petition preferred before the Claims Tribunal by the Respondent-Mother claiming amounts under various heads.

(3.) The claim was sought to be resisted by the Appellant mainly on the quantum and negligence. It was also contended that the Appellant was not the registered owner of the motorcycle and since the registered owner had not been impleaded in the party array, the claim was not liable to be entertained. The Appellant, who was the sole Respondent, was sought to be relieved in the said circumstance.