SATYANARAYAN Vs. NATHULAL

JUDGEMENT

(1.) The decision rendered in this appeal shall also govern the disposal of M.A. No.2189/05 primarily because learned Counsel appearing for the parties requested that both the appeals be heard together and secondly because they arise out of the same motor accident.

(2.) These appeals have been filed by the appellant Satyanarayan owner of the vehicle under Section 173 of the Motor Vehicles Act, 1988 against the award dated 25.04.2005 passed by Additional M.A.C.T., Javad; whereby the Claims Tribunal allowed the claim petition of respondents Nathulal and Laxminarayan filed under Section 166 of the Act seeking compensation for the injuries sustained by them in the motor accident, awarding compensation of Rs.30,000/- to appellant/respondent Nathulal and Rs.20,000/- to appellant/respondent Laxminarayan respectively. In order to appreciate the controversy, it is necessary to state the relevant facts which are as follows on 14.02.2004 respondents Nathulal and Laxminarayan were going in a 'Kisan Gaddi' owned by the appellant Satyanarayan Jain and driven by respondent No.2 Pyarchand. Both Nathulal and Laxminarayan were labourers and residents of village Ranakkhedi. They had filled the vehicle with groundnuts (Moongfali) belonging to the trader Ajay Mandovara. However, near Ratan Garh Ghat the vehicle turned turtle due to negligence and rash driving of the driver/respondent No.2 Pyarchand and both Nathulal as well as Laxminarayan sustained injuries.

(3.) This incident gave rise to claim petitions filed by Nathulal and Laxminarayan respectively under Section 166 of the Act being claim Case Nos.76/04 and 75/04 before the Additional M.A.C.T., Javad. Out of which, the present M.A. No.2188/05 and M.A. No.2189/05 arose since Satyanarayan the alleged owner of the Kisan Gadi has disputed his liability to pay the compensation as awarded by the Tribunal.