SATYENDRA SINGH KUSHWAHA Vs. SUREKHA

JUDGEMENT

(1.) The present is owner's appeal under Section 173 of the Motor Vehicles Act (in short, the MV Act) against the award dated 30.06.2011 passed by the Additional Motor Accident Claims Tribunal South Bastar, Dantewada (for short, the Tribunal) in Claim Case No.06 of 2008. Vide the said impugned award, the Tribunal in a death case has awarded compensation of Rs.5,38,000/- along with interest @ 7 percent per annum from the date of application.

(2.) The brief facts relevant for adjudication of the case is that, the deceased in the instant case Madeshankar @ Shankar Shaha Mandavi, aged around 30 years, met with an accidental death on 26.02.2007. The accident occurred when he was travelling in Bus bearing registration No.CG-07-E-0144 belonging to the present appellant. The legal representatives of the deceased filed claim application under Section 166 of the MV Act which ultimately stood decided vide the impugned award. While passing the award, the Tribunal has exonerated the insurance company and has fastened the liability upon the present appellant-owner. The exoneration of the insurance company was on the ground that the deceased was alleged to have been sitting and travelling on the roof of the Bus when he met with an accident. Since the insurance company was not liable to indemnify the passenger travelling on the roof of the Bus, it was exonerated.

(3.) Learned counsel for the appellant assailing the award submits that the findings of the Tribunal is erroneous and is also contrary to the evidence which have come on record. The claimants have supported the case of the appellant-owner with the statement of eyewitness, yet the Tribunal has not appreciated the evidence properly. According to appellant, it was the specific claim of the claimants before the Tribunal and which stood supported by the statement of eyewitness which also has further been corroborated from the stand taken by the owner before the Tribunal substantiated the contention of the owner of the deceased not travelling on the roof, but the accident occurred when he had climbed the roof of the Bus at the Bus Stop for unloading the luggage belonging to him which was kept on the roof.