NEPAL CHAND AGRAWAL Vs. JALBATIBAI

JUDGEMENT

(1.) List is being revised. No one appears for the respondents when the matter was called out twice. Therefore, we proceed to decide the case ex-parte. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed against the award of II Additional Motor Accident Claims Tribunal, Bilaspur (in short "the Tribunal"), dated 6.9.2007 passed in Claim Case No. 65/06, insofar as the Tribunal has fastened the liability to pay compensation to the claimants upon the appellant, who is an old owner of the vehicle in question, which was sold on 16.8.2005 to another person i.e. respondent No. 8 Mohd. Shakeel.

(2.) Brief facts of the case are that on 1.2.2006 deceased Shyamdas Manikpuri was going on bicycle from his house at Sakri to Irrigation Department, Vyapar Vihar for his duties. He was riding the bicycle slowly by the side of the road. As soon as he reached near Sai Mangalam, respondent No. 8 by driving motorcycle bearing registration No. MP 26A-B/8963 on the wrong side of the road in a rash and negligent manner came from opposite direction and dashed Shyamdas Manikpuri, as a result of which he sustained severe injuries over his head, hands and chest and ultimately, died in hospital during treatment. The matter was reported to Police Station : Tarbahar, whereupon offence was registered against respondent No. 8 and after completion of investigation, charge sheet was filed against him in the Court. The deceased was a government employee in the Irrigation Department and getting a salary of Rs. 6,500/- per month. In addition to this, he was also getting other allowances, totaling Rs. 25,000/- per annum. At the time of accident, he was 54 years and he used to contribute the entire income to his family. Therefore, the claimants being legal heirs of the deceased, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (in short "the Act") claiming a total compensation of Rs. 18,83,000/- for the death of Shyamdas Manikpuri.

(3.) However, learned Tribunal after hearing counsel for the parties, on a close scrutiny of the evidence led by them, by the impugned award granted a total compensation of Rs. 4,15,712/- to the claimants with interest @ 6% per annum from the date of filing of claim petition till its payment is made, fastening the liability upon the appellant and respondent No. 8 jointly.