LAXMI NARAYAN Vs. SHANTI BAI

JUDGEMENT

(1.) This appeal is filed by the owner of the vehicle challenging an award of Rs. 65,000 passed in favour of claimants, i.e., respondent Nos. 1 and 2.

(2.) The facts of the case are that one Manoj, aged about 15 years died in the motor accident on 7.5.1992 at about 10 p.m. The claimant-respondent Nos. 1 and 2 are the mother and father of the deceased. The Claims Tribunal awarded Rs. 65,000 as compensation for the death of Manoj. The present appellant Laxmi Narayan is the owner of the tractor, involved in the accident and respondent No. 1 Dhansingh was the alleged driver of the said vehicle.

(3.) The case of the appellant is that he never permitted Dhansingh to drive the vehicle and, therefore, he cannot be held to be vicariously liable for the act of Dhansingh. According to appellant, Dhansingh on his own was driving the vehicle at the time of accident without any authority and, therefore, award passed against the owner should be set aside.