JAWAHAR LAL GUPTA Vs. RAJLAL

JUDGEMENT

(1.) The disposal of M.A. No. 170/2005 Jawahar Lal Gupta v. Rajlal & Others, filed by the owner, would also govern the disposal of M.A. No. 246/2005, Rajlal & Others v. Shivnarayan & Others, filed by the claimants; as both have arisen out of one accident and common award dated 25th November, 2004 was passed by the Third Additional Motor Accident Claims Tribunal, Surajpur (F.T.C.), District Surguja, C.G. (for shore 'Claims Tribunal') in M.A.C.C. No. 39/2002. Since common question of fact and law are involved, therefore, they were heard together and being decided by this common judgment. The brief facts necessary for disposal of these appeals are as under:

(2.) The main challenge in M.A. No. 170/2005 filed by the owner of vehicle is that the finding of the learned Claims Tribunal exonerating the Insurance Company from its liability is illegal. The learned Claims Tribunal has clearly recorded a finding that Shri B.L. Xess, Assistant Development Officer, who issued deposit Challan on 21st October, 2000; was not authorized to issue the said challan, as deposit challan has been withdrawn vide Ex. NA-3.2(c) dated 18th May, 1992 and he has been suspended on 31st December, 1999 vide Ex. NA3.4(c). First Information Report has been lodged vide Ex. NA-33.7(c) on 9th February, 2001 and offences under Sections 420, 467, 468 and 409 of IPC has been registered against him.

(3.) Mr. A.K. Prasad, learned Counsel appearing for the appellant/owner would submit that the said finding recorded by the learned Claims Tribunal is based on no evidence.