MANI RAM Vs. RITU PAL

JUDGEMENT

(1.) On 18 -11 -2006, at about 9.40 PM, motor cycle bearing registration no. DL -8SAD -4597 (motorcycle) was being driven by one Jagdish with Jaibeer and Pawan travelling on the pillion. It met with an accident involving motor vehicle described as Eicher Canter bearing registration No.UP 17B 5391 (the offending vehicle), statedly driven in rash manner by Ritu Pal (driver), it being admittedly owned by Rameshwar Dayal (the owner) and insured against third party risk for the period in question with Oriental Insurance Company Ltd. (the insurer). Pawan and Jaibeer died in the accident. Their dependant family members instituted accident claim petitions under Sections 166 and 140 of Motor Vehicles Act, 1988 (MV Act) on 06 -12 -1996 they having been registered as Suit no.62/06/11 and 733/06/10 respectively. In the claim arising out of death of Pawan, he being a bachelor, the petitioners were his parents (now appellants in MAC.APP.No.298/2013). In the case of claim arising out of death of Jaibeer, the petitioners were his widow and other members of the family (now appellants in MAC.APP.No.330/2013).

(2.) Both the claim petitions were inquired into simultaneously and by separate judgments passed on 15 -12 -2012, the motor accident claims tribunal (tribunal) held the driver to be at fault on account of negligent driving of the offending vehicle causing the accident and two deaths. The driver having been held to be the principal tort -feasor, the owner of the offending vehicle was held vicariously liable.

(3.) The tribunal awarded compensation in the case relating to death of Pawan, calculating it thus: