SIDHARTH KHETRAPAL Vs. MOHD. HANIF

JUDGEMENT

(1.) These four appeals have been preferred by four sets of claimants on whose accident claims, registered as (MACT Case Nos. 235-238/2007), the Motor Accident Claims Tribunal (the tribunal) had held inquiry and passed a common judgment dated 21.07.2008 awarding compensation, holding the first (Mohd. Hanif) and third respondents (Mohd. Sahid) respectively liable, jointly and severally, to pay, the second respondent (Chand Ram) having been exonerated even though the offending vehicle described as tractor bearing registration No.HR-26-D-3361 (the offending vehicle) was registered (and continues to be registered) in his name. The claimants, who were successful in establishing their respective cases for compensation under section 166 of the Motor Vehicles Act, 1988 before the tribunal have felt aggrieved for the reason that the registered owner of the offending vehicle has been let off, their contention urged and pressed, at the hearing, on these appeals being that he also should have been held responsible jointly and severally, his liability being vicarious.

(2.) The background facts may be noted at this stage.

(3.) On 19.11.2000, Rajesh Khetrapal along with members of his family, they including Sidharth Khetrapal, Nupur Khetrapal and Shelly Khetrapal was returning from Sushant Lok, Phase-II, Gurgaon in Haryana to Delhi, he driving his Maruti Zen car, bearing registration No.DL-4C-K-1205 (the car). The car had reached the T-point in the vicinity of Golf Club, Gurgaon when it came to be involved in a collision with the tractor, driven by the first respondent Mohd. Hanif, (hereinafter referred to as "the driver"). As a result of the said collision, the occupants of the car, particularly the four afore-mentioned persons, suffered injuries, Rajesh Khetrapal dying in the consequence. The four claim petitions instituted on 08.10.2002 were based on the averments that the accident had occurred due to negligent driving of the tractor by the said Mohd. Hanif ("the driver").