DIVISIONAL FOREST OFFICER Vs. JANKI BAI

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 (henceforth "the Act, 1988") against the award dated 12-12-2000 passed by the Sixth Additional Motor Accident Claims Tribunal, Raipur (henceforth "the Tribunal") in Claim case No.86 of 1999, whereby a compensation of Rs. 2, 48,000/- has been allowed against the appellants.

(2.) FACTUAL matrix of the case, in brief, is that on 17-7-1999 Prabhuram Sahu (since deceased) riding his motorcycle bearing registration No. MP-23- YA-1430 was going towards Raipur, on the way Chhotu @ Vijay Vishwakarma/ respondent No.7; herein driving Government vehicle bearing registration No. MP- 02-4458 (henceforth "the offending vehicle") in a rash and negligent manner dashed the vehicle driven by the deceased. Prabhuram Sahu sustained severe injuries and later on succumbed to those.

(3.) APPELLANTS contested the claim and pleaded that Ramesh Kumar Menon/respondent No.6 herein was employed by appellant No. 1 as driver of the Government vehicle and further pleaded that appellants never authorized respondent No.6 to hand over the vehicle to any other person, as the accident was caused by respondent No.7, who was driving the offending vehicle unauthorizedly, appellants are not liable to pay compensation for the fault committed by respondent No.7. Respondents No.6 and 7 also contested the claim.