KIREET PATEL Vs. MAHANGEEN BAI UIKE

JUDGEMENT

(1.) This is owner's appeal challenging award dated 1.8.2014 passed by learned Additional Motor Accident Claims Tribunal, Bhanupratappur, District North Bastar Kanker in Claim Case No.120/12 whereby learned Claims Tribunal while allowing claim application in part awarded a sum of Rs.13,59,466/- as compensation and while exonerating insurance company fastened liability to pay compensation on appellant-owner of offending vehicle.

(2.) Brief facts relevant for disposal of this appeal are that on 30.12.2007 Sahnu Ram was travelling on Tata Pick-up 207 goods vehicle bearing registration No.CG21-D-0105 along with his goods and on the way near Aam Road, Village Jondhrapadar said vehicle met with an accident in which said Sahnu Ram sustained grievous injuries and succumbed to those injuries. Claimants, who are wife & children of deceased Sahnu Ram, filed claim application claiming Rs.36,25,016/- as compensation against appellant and respondent No.5 herein.

(3.) Non-Applicant No.1-Appellant herein i.e. owner-cum-driver of offending vehicle, submitted his reply to claim application and pleaded that on the date of accident appellant was possessing valid & effective license and offending vehicle was fully insured with respondent No.5- Insurance Company.