SOMNA GOSWAMI Vs. SHUBHASHISH PAL

JUDGEMENT

(1.) These two appeals arise out of the same award passed on 10.8.2007 in Claim Case No. 26/2007 by the Eight Additional Motor Accident Claims Tribunal (F.T.C.), Raipur, which shall henceforth be referred to as 'the Tribunal'.

(2.) Brief facts of the case are that the deceased in the instant case is Pranay Kumar, aged around 32 years, who shall henceforth be referred to as 'the deceased'. He was working as a Territory Manager for Hindustan Motors Private Limited (which is one of the Respondents in both the present appeals) which shall henceforth be referred to as 'the Manufacturer'. The Appellant-M/s Vaibhav Motors in M.A.(C) 1306/2007 is the Dealer, Vaibhav Jain being its Proprietor, and they shall henceforth be referred to as 'the Dealer'. They were dealing with the sales and promotion of the cars manufactured by the Manufacturer, one such car being sold by the Dealer was Mitsubishi Lancer car. The Manufacturer had sent a consignment of cars to Raipur to the Dealer for its sale and the deceased being the Territory Manager and one Shubhashish Pal (who is one of the Respondents in both the present appeals), being the Service Engineer attached to the Dealer and Manufacturer, had taken a new Mitsubishi Lancer car, with a temporary registration no. CG04-RPRTC-0478, for a test drive on 22.4.2004 and met with an accident and in the process the deceased succumbed to the injuries caused to him in the accident.

(3.) The Appellants in M.A.(C) No.1147/2017 are the Claimants, who shall henceforth be referred to as 'the Claimants'. The Claimants being the legal representatives of the deceased had filed a claim application under Section 166 of the Motor Vehicles Act, 1988, before the Tribunal claiming compensation against the Dealer and the Manufacturer.