PURSHOTTAM GUPTA Vs. MAHJBIT RAHMAN

JUDGEMENT

(1.) THIS appeal has been filed by the appellant/owner under Section 173 of the Motor Vehicles Act, 1988 against the award dated 4th August, 2000 passed by Motor Accident Claims Tribunal, Bilaspur (in short "the Tribunal"), in Claim Case No. 98/97, whereby and where under the respondent No. 7/insurance company has been exonerated and the appellant/owner has been fastened with the liability to pay compensation amount to respondents No. 1 to 5/claimants, jointly and severally, along with respondent No. 6/driver.

(2.) BRIEF facts of the case, as per averments made in the claim petition, are that on 16.05.1997 Shoib Rehman, on the request of his friend i.e. the appellant herein, was going to Darjiling by vehicle bearing registration No. MP-18-B/1149. However, on account of rash and negligent driving by respondent No. 6/driver, the vehicle dashed against a stationary bus, as a result of which, the vehicle turned turtle and Shoib Rehman sustained grievous injuries and succumbed to the same. Report of the accident was lodged at Police Station - Koda, Distt. Katihar (Bihar), whereupon after investigation, a criminal case was filed against respondent No. 6/driver before the competent Court.

(3.) HOWEVER , learned claims Tribunal, after hearing counsel for the parties and after close scrutiny of the evidence, by the impugned award granted a total compensation of Rs. 20,20,000.00 in favour of the claimants, fastening the liability upon the appellant/owner, jointly and severally, along with respondent No. 5/driver.