SUBODH KUMAR YADUVANSHI Vs. GUDDO DEVI

JUDGEMENT

(1.) Rakesh Kumar, a pedestrian while crossing road at about 9.15 p.m. on 04.08.2009 in the area of Uttam Nagar, was hit by a motor vehicle described as motorcycle bearing registration no. DL 4SAE 5718 (the motorcycle) and suffered injuries that proved fatal. His wife and other members of the family dependent on him, they being first to fourth respondents (collectively, the claimants) instituted accident claim case (MACP 306/2009) on the averments that the accident had been caused due to negligent driving of motorcycle by the fifth respondent herein (the driver). The motorcycle on the relevant date was registered with the transport authority in the name of the appellant (the registered owner). In the accident claim case, the said driver and registered owner were impleaded as first and second respondents respectively, the third respondent being Sangram Kesari Samal (the sixth respondent in the appeal), he having been described as the "owner in possession" .

(2.) The appellant, upon being served with the notice, contested, inter alia, by pleading that he could not be held accountable since he had already sold the motorcycle to the sixth respondent (Sangram Kesari Samal) on 17.07.2007 for consideration. He appeared in evidence as his own witness (R2W1) to affirm on oath such facts. The sixth respondent had also filed written statement on 29.10.2010 in which he took the plea that having purchased the motorcycle in July, 2007 from the appellant herein, he had further sold the same to Ram Avtar Gupta, the father of the driver (fifth respondent herein), within fifteen days of the transaction handing over all the necessary documents including insurance papers to him. He (the sixth respondent) also appeared as his own witness (R3W1) deposing on the strength of his affidavit (Ex.R3W1/A) affirming such facts disowning his liability, the position taken by him being that the vehicle was in the control of the said Ram Avtar Gupta whose son was the driver at the relevant point of time.

(3.) After inquiry, the tribunal upheld the case of the claimants that the accident had occurred leading to the fatal injuries being suffered by Rakesh Kumar, due to negligent driving of the motorcycle. The tribunal determined the compensation by judgment dated 14.07.2015 awarding it in the sum of Rs. 28,78,216/- though, taking note of the evidence of the appellant (R2W1) on one hand and that of the sixth respondent (R3W1) on the other, observing that the appellant herein was the "principal tortfeasor" and the driver (fifth respondent here) was "vicariously liable". Apparently, the error in such description, holding the driver vicariously liable and the registered owner as the principal tortfeasor was inadvertent.