KAMAL DALMIYA Vs. DEVI KUMARI

JUDGEMENT

(1.) The appellant/owner has filed this appeal under Sec. 173 of the Motor Vehicles Act against the award dtd. 13/5/2016 passed by the Motor Accident Claims Tribunal, Baikunthpur, Distt. Koria in Claim Case No.13/2015 awarding total compensation of Rs.4,34,000.00 to the claimants with interest @ 9% p.a. from the date of award till realization, fastening liability jointly and severally on the appellant/owner with respondent No.7/driver of the vehicle.

(2.) As per claim petition, on 16/1/1997 at about 6 pm while Parmeshwar was returning from Katkona by Bajaj Chetak Scooter bearing No. DIQ 8929, respondent No.7 (non-applicant No.2) Surajram by driving the Dumper bearing registration No. MP 27/5638 (hereinafter referred to as "the offending vehicle") in a rash and negligent manner dashed the scooter of Parmeshwar as a result of which Parmeshwar sustained grievous injuries and died on the spot. At the time of accident, the offending vehicle was owned by the appellant herein (non-applicant No.4) Kamal Dalmiya and insured with respondent No.8 (non-applicant No.3) United India Insurance Co. Ltd.

(3.) On claim petition being filed by the claimants under Sec. 166 of the Motor Vehicles Act, the Tribunal considering the evidence led by both the parties partly allowed the claim petition and awarded compensation in favour of the claimants as mentioned above.