DHIRENDRA BHARTI Vs. DEVI PRASAD MISHRA

JUDGEMENT

(1.) This is an appeal under section 110-D of the Motor Vehicles Act, 1939. Respondent Nos. 1 and 2 filed Claim Petition No. 120 of 1978 before the Claims Tribunal, Allahabad, on the allegations that minibus No. MP 9866 owned by the present appellant insured with New India Assurance Co. Ltd. hit their minor son Brahm Prakash on 24.2.1978, who died on account of rash and negligent driving of the aforesaid minibus. A sum of Rs. 50,000 was claimed as compensation. The said claim petition was contested by the present appellant who is the owner of the said minibus, as also by the insurance company, respondent No. 3, in the appeal. The case of the insurance company was that the said minibus was owned by AH Ahmad & Sons and on 18.6.1977 the insurance policy was issued by it insuring Ali Ahmad & Sons for a period of one year. Before the date of the accident the said vehicle was transferred by Ali Ahmad & Sons in favour of the present appellant and as such the insurance policy ceased to exist.

(2.) On the basis of the pleadings of the parties, six issues were framed by the Claims Tribunal. The claim petition was allowed in part and a sum of Rs. 15,100 was awarded by way of compensation against the present appellant only with costs and simple interest from the date of making claim till the payment, at the rate of 6 per cent per annum. Feeling aggrieved against the aforesaid judgment and award dated 24.2.1981, the present appeal is at the instance of the owner of the vehicle.

(3.) In the memo of appeal 11 grounds have been raised but during the course of the argument, the learned counsel for the appellant pressed the appeal only on one point.