PRIDE CONSTRUCTIONS Vs. SUHAS DATTAR

JUDGEMENT

(1.) The Appellant M/s. Pride Constructions impugns the award dated 28.11.2007 passed by the MACT (Tribunal) whereby a compensation of Rs. 13,50,000/- was awarded in favour of Respondents No.1, 2 & 3; the Respondent No.6 Oriental Insurance Co. Ltd. was granted the right to recover the compensation from the Appellant being registered owner of the vehicle as the driving license possessed by the driver of the offending vehicle was fake.

(2.) On 24.09.1997 at about 12:05 A.M. the deceased Dr. V. G. Dattar an ENT Specialist was driving his car No.DL-1CD-1541. When he reached opposite Gate No.1 Subrato Park, he hit a stationary Truck No.DL-1G-5454, which was parked 4 ft. away from the footpath without any indicator. The injuries suffered by Dr. Dattar proved fatal and he succumbed to the injuries on the same night.

(3.) The quantum of compensation awarded is not disputed before this Court. The Appellant s grievance is that it had sold Truck No.DL-1G-5454 to Respondent No.5 on 22.04.1996 i.e. much prior to the accident, which took place on 24.09.1997. Respondent No.5 being the rightful owner was liable to pay the compensation and Oriental Insurance Co. Ltd. being the insurer was under obligation to pay the compensation to indemnify the owner.