ABIS BROILER PRIVATE LIMITED Vs. KULESHWARI BAILABIC

JUDGEMENT

(1.) This is an appeal by the owner/non-applicant No.2 challenging the award dated 4.9.2014 passed by Motor Accident Claims Tribunal, Balod (CG) in Claim Case No.20/2013 whereby the Tribunal has awarded compensation of Rs. 7 lacs with interest @ 6% per annum from the date of application till realization, in favour of the claimants fastening the liability on the appellant/owner.

(2.) On 29.7.2013, due to rash and negligent driving of vehicle Tata 407 bearing registration No.CG 08-B-1124 by respondent No.4/nonapplicant No.1, the said vehicle turned turtle near main road, Doundilohara and Ranjnu Sahu, aged about 36 years, who was travelling in the said vehicle as conductor, died as a result of injuries sustained in this accident. The claimants who are wife and children of the deceased being dependent on him filed a claim petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs.22.48 lacs.

(3.) The Tribunal considering the evidence available on record by the impugned awarded granted a total compensation of Rs.7 lacs in favour of the claimants. However, the liability to satisfy the award has been fastened upon the appellant/non-applicant No.2, owner of the vehicle, on the ground that the driver of the vehicle-respondent No.4/nonapplicant No.1 was not having a valid and effective driving licence to drive the vehicle in question. Being aggrieved by the said award, the appellant/owner has filed the instant appeal under Section 173 of the Motor Vehicles Act.