ANIL KUMAR KESHARWANI Vs. KU SATAYAWATI KASHYAP

JUDGEMENT

(1.) By this common award both the appeals are being disposed of as common facts & issues are involved in these appeals and arise out of the same accident.

(2.) Both the appeals under Sec. 173 of the Motor Vehicles Act have been filed against the award dated 30.01.2008 passed by the First Additional Motor Accident Claims Tribunal, Bilaspur, in Claim Case 161 of 2005. Vide the said impugned award, the Tribunal has awarded compensation of Rs.2,50,000.00 along with interest @ 6 percent per annum from the date of application. MAC No. 438 of 2008 has been filed by the Dealer of Sonalika Tractors in respect of the tractor involved in the accident (in short, the Dealer) and MAC No. 977 of 2008 has been filed by the claimants (in short, the claimants) seeking for enhancement of compensation.

(3.) Brief facts of the case is that, on 09.11.2005 a Tractor which is said to have been owned by Jagdish Sharma and Hiresh Sharma both father and son, which was purchased from the appellant in MAC No.438 of 2008, the Dealer of the Sonalika Tractors, Anil Kumar Kesharwani, met with an accident as a result of which Satyawati Kashyap sustained grievous injuries. The Said injured Satyawati Kashyap filed an application under Sec. 166 of the MV Act which stood allowed vide impugned award and since the vehicle was not registered in the name of Jagdish Prasad Sharma and Hiresh Sharma and was also not insured, the liability of payment of compensation has been fastened upon the Dealer of the Tractor i.e. Anil Kumar Kesharwani.