Y K PATEL Vs. BABLI DHRUV

JUDGEMENT

(1.) The appellant/father of owner of the offending vehicle has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 11-5-2016 passed by the Motor Accident Claims Tribunal (for short, "the Tribunal"), Raipur in claim case No.78 of 2012 wherein the said Tribunal awarded compensation of Rs. 8,93,000/- in favour of the claimants on account of death of one Umesh Singh Dhruw in a motor accident occurred on 6-2-2012.

(2.) Facts of the case, in brief, are that on 6-2-2012 when deceased Umesh Singh Dhruw was going on road in front of Shyam Petrol Pump situated at Gouravpath, he was dashed by the driver of the motorcycle bearing registration No. CG 04-DH 8999 as he was driving the said vehicle rashly and negligently, as a result of which said Umesh Singh Dhruw died due to injuries sustained by him in the incident and driver of the offending vehicle namely Atul Kumar Patel also suffered grievous injuries and died on 8-2-2012 in the hospital during the course of treatment. Deceased Atul Kumar Patel was registered owner of the offending vehicle who also died in the same incident, therefore, claim petition was filed against the father of the deceased/appellant as executor/administrator of the said deceased.

(3.) Learned counsel for the appellant submits that the claim petition under Section 166 of the Motor Vehicles Act, 1988 was not maintainable as the appellant is neither owner of the offending vehicle nor he was driving the said vehicle at the time of incident. The tribunal committed gross error in entertaining the claim case by saying that the appellant is the successor of owner/driver of the offending vehicle as per provisions of Section 306 of the Indian Succession Act, 1925. He would further submit that the Tribunal committed error in giving finding that it is not a case of contributory negligence. The Tribunal has further committed error of law by accepting monthly income of the deceased at Rs. 6000/- per month at the time of incident against the evidence that the last salary of the deceased was Rs. 5,686/- per month.