SUSHIL KUMAR Vs. PREM PAL

JUDGEMENT

(1.) THE present appeal has been filed under Section 173 of the Motor Vehicles act, 1988 (for short as "act") against the award dated 23rd August, 2006 and order dated 24th January, 2008 passed by MACT whereby the rights of recovery against the insured owner has been granted to the Insurance Company.

(2.) THE brief facts of this case are that on 4th July, 2002, the deceased bunti, aged, about 15 years old was going to take milk from Ram Chand Dairy with his elder brother Sanjay on scooter No. DL-3s-F-6259. The deceased was driving the scooter and at about 6. 30 p. m. when the scooter reached the Tajpur mines, ntpc Gate No. 3, the offending vehicle RTV bus Bearing No. DL-1v-8288 came from the front side in a rash and negligent manner and at a high speed and struck against the deceased from the front side as a result of which the deceased fell down on the road and the offending vehicle ran over the deceased and dragged his body. The driver of the offending vehicle ran away from the spot. The brother of the deceased Sanjay received grievous injuries and FIR regarding this accident was lodged with the Police Station Badarpur. It is alleged that the accident was caused due to the negligence on the part of the bus driver, Md. Amdadullah, respondent No. 3 herein, who was the driver of the offending vehicle under the employment of Sh. Sushil Kumar, the appellant herein, and the vehicle was insured with Oriental Insurance Company/respondent No. 4, herein.

(3.) BEFORE the trial court, the claim petition was contested by the driver as well as the Insurance Company.