JANKIBAI LAXMAN DHOKE Vs. RAMESH LXAMANRAO UIKE

JUDGEMENT

(1.) THE legal representatives of deceased Laxman have filed this appeal being aggrieved by the common Award dated 10-12-1993 passed under section 110-A of the Motor Vehicles Act, 1939 (for short the Act) by the member, Motor Accident Claims Tribunal, Yavatmal, in Claim Petition No. 7 of 1989 and other claim petitions, exonerating the respondent No. 2/truck owner and respondent No. 3-Insurance Company from the liability to pay compensation.

(2.) BRIEF facts are as under : the accident occurred on 13-12-1988 at about 3. 00 p. m. on Kalamb-Yavatmal Road. On that day, deceased Laxman along with his goats, she goats and hens was travelling in the truck bearing Registration No. MTV-3512. The truck was being driven by respondent No. 1 in a rash and negligent manner. When the truck reached near the spot of accident, the driver of the truck lost control of the driving and the truck had gone on the wrong side of the road and gave a dash to a tree. Consequently, Laxman and others sustained grievous injuries and Laxman succumbed to the injuries on the spot itself. The legal representatives of deceased Laxman and others had instituted the claim petitions. The learned member of the Motor Accident Claims tribunal passed a common award exonerating the owner of the motor vehicle and the Insurance Company from the liability to pay compensation and directed the driver of the truck to pay the entire compensation. This award is under challenge in this appeal.

(3.) ON the basis of the factual backgrounds, following two points arise for determination in this appeal. (i) Whether the owner of the motor vehicle involved in the accident is liable to pay compensation? (ii) Whether the Insurance Company is also liable?