PRAKASH MOHANLAL DUGGAD Vs. ZILLA PARISHADS

JUDGEMENT

(1.) Heard learned Counsel for the parties. Both the present appeals have arisen out of the same award, passed by the learned Member of Motor Accident Claims Tribunal, Ahmednagar, in petitions under section 166 of the Motor Vehicles Act.

(2.) First Appeal No. 57 of 1995 is filed by Zilla Parishad, Ahmednagar, who was respondent No. 1 before the learned Tribunal, having control over one of the vehicles involved in the accident. The original claimant-petitioner has preferred an appeal for enhancement in compensation, awarded by the learned Tribunal.

(3.) The appellant-Zilla Parishad is challenging the award on three grounds. Firstly, it is submitted that though Zilla Parishad was merely in the custody of the vehicle, i. e. the dumper bearing Registration No. MTO-7316, owned by the State Government, it is also held jointly and severally liable to pay compensation. Second limb of attack is that its driver i. e. present respondent No. 2-Bhalchandra Vitthal Bhakare, was not rash and negligent in driving the said vehicle. Last attack is on the quantum of the compensation awarded by the learned Tribunal.