RAJESH KUMAR Vs. RAJESH KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 24.02.2001 passed in Claim Case No. 13/96 by the 1st Additional Motor Vehicles Accidents Tribunal, Ambikapur, Distt. Surguja whereby the Tribunal fastened the liability to pay compensation of Rs.42,453.00 on the appellants as well as respondent No.3, in an injury case.

(2.) AS against the compensation of Rs.1,26,300.00 claimed by respondent No.1 / claimant by filing claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') for injuries sustained in the motor accident on 5.7.1996, the Tribunal, on close scrutiny of the evidence and material available on record and the respective submissions made by the parties, awarded a sum of Rs.42,453.00 as al compensation to respondent No.1. The Tribunal directed to pay interest at 12% per annum from the date of filing of claim petition till its realization. The Tribunal further directed to pay total compensation to the appellants and respondent No.3 jointly and severally while exonerating respondent No.2 M.P. Antya Vevsai Development Corporation from its liability to pay compensation. It is this order, which is under challenge by the appellants,

(3.) ON the other hand, Ms. Neha Verma, counsel appearing on behalf of respondent No.2 argued that although the appellants are debtors of respondent No.2/ Corporation, on the date of accident, the said offending vehicle was in their possession and was being driven by respondent No.3. Therefore, it should be deemed that on the date of accident the said offending vehicle was in the possession of the appellants and was being driven by respondent No.3. It was next contended that the learned Claims Tribunal has. After appreciating the evidence on record, rightly fastened the liability on the appellants to pay compensation amount.