ANURADHA Vs. PRAMILABAI

JUDGEMENT

(1.) This appeal has been filed by the owner of vehicle bearing No.MP23-B-1960 that was stated to be involved in an accident resulting in the death of one Sopan so as to challenge the judgment of the Claims Tribunal awarding compensation for an amount of Rs.4,72,532.00.

(2.) The facts in brief are that according to respondent Nos.1 to 3, the husband of respondent No.1-Sopan was serving as a Peon in the Agricultural Office. On 28/05/2001 when he was standing on the roadside waiting for a bus, a car bearing No. MP-23-B-1960 gave a dash to him resulting in injuries. Said Sopan expired during the course of treatment hence his legal heirs filed claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (for short, the said Act). An amount of Rs.3,00,000.00 was claimed as compensation. The claim was filed against the appellant herein on the ground that she was the owner of the offending vehicle. In the written statement as filed the appellant admitted that she was the owner of the said vehicle but denied that it was involved in any accident. It was further stated that the deceased was lying by the road in a drunken condition and his death did not occur on account of any motor accident.

(3.) The parties led evidence and the Claims Tribunal recorded a finding that the vehicle owned by the appellant was involved in the said accident. Accordingly, the claim petition was allowed and the appellant was directed to pay an amount of Rs.4,72,532.00 with interest at the rate of 7.5% per annum. Being aggrieved by that adjudication the present appeal has been filed.