MOHD MOZAMMIL Vs. RABINA BEGUM

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act (in short 'the Act') is directed against the judgment and award dated 2.6.1999 passed by Motor Accident Claims Tribunal/II Addl. District Judge Nainital (for short 'the Tribunal'), in Claim Petition No. 101 of 1994, whereby compensation of Rs.1,35,000/ - alongwith interest @ 9% per annum was awarded against owner and driver of the vehicle. Aggrieved, the owner has come up in appeal mainly on the ground Kamal Singh was not driver at the relevant time and the vehicle being duly insured, the Insurance Company was liable for compensation.

(2.) MAHFOOZ Ahmad, aged 25 years and earning Rs.2,500/ - per month lost his life in a motor vehicle accident which occurred on 8.3.1994 at 11 p.m. near Bara Patthar on Nainital -Kaladhungi road, Mallital, Nainital. According to the claimants, the deceased was hit by offending Truck No. U.P. 02/5317 due to rash and negligent driving by its driver. Hence the claim petition was filed by the dependents/legal heirs of the deceased claiming Rs.15,00.000/as compensation.

(3.) KAMAL Singh, driver of the truck, did not contest the claim petition, therefore, case proceeded ex -parte against him.