KISHAN LAL MALHOTRA Vs. PREM RAM & OTHERS

JUDGEMENT

(1.) This appeal, under Sec. 173 of Motor Vehicles Act, 1988, has been preferred by the appellant i.e. owner of vehicle in question, against the judgment and award dated 3.6.2008 passed by M.A.C.T./A.D.J./First F.T.C., Haldwani, Nainital, in M.A.C.P. No. 70/2006, Prem Ram and others Vs. Kishan Lal Malhotra and others , whereby the Tribunal has given recoverable rights against the appellant/owner of vehicle in question for recovery of amount of compensation.

(2.) Brief facts of the case, according to the claimants, are that on 28.02.2006 at about 4'o clock, when deceased-Vinod Kumar was coming through Bus No.U.P.02-D/4243 from the side of Nainital near Kaladhungi Tiraha after giving his interview, the said bus overturned due to rash and negligent driving of its driver, as a result of which Vinod Kumar died at the spot itself. The deceased was 20 years of age and his monthly income was Rs.6000.00 from agriculture and by working in Renu

(3.) Netra Sanstha. The claimants claimed a sum of Rs.8,50,000.00 as compensation against the opposite parties. Opposite party no. 1 i.e. owner of vehicle in question/appellant before this Court, filed his written statement admitting therein the factum of accident and pleaded that driver of vehicle in question was not at fault. On the date of accident the said vehicle was being plied with all valid papers and his driver was having valid driving licence. The vehicle of opposite party no. 1 was insured with The New India Assurance Co. Ltd. w.e.f. 03.01.2006 to 02.01.2007. Therefore, the liability to pay the compensation, if any, is of insurance company.