SURENDRA SINGH Vs. MAMTA & OTHERS

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act 1988 has been preferred by the owner of the vehicle involved in accident against an Award dated 28th March 2003 in Claim Case No. 30/2003 passed by the Third Additional Member of the Motor Accident Claims Tribunal, Dabra (Gwalior).

(2.) The facts in short are that on 2nd August 2001, deceased Harnam Singh and his cousin Narayan Singh were travelling as passengers on fare from Goraghat (Datia) to Dabra (Gwalior) in a bus bearing registration No. MP08/4157, owned by Surendra Singh (appellant herein) and driven by Rajesh Yogi. It is stated that when the driver stopped the bus at Hotel Beju Bawara at Dabra and Harnam Singh was likely to get down from front door of the bus, the driver moved the vehicle very fast without caring for him. Due to his alleged act, Harnam Singh fell down, sustained severe injuries and died during treatment in J.A. Hospital Gwalior. On the report, an F.I.R. was lodged at Police Station Dabra on which Crime No.274/01 for commission of offence punishable under section 304-A of I.P.C. was registered against the driver.

(3.) It is the submission of the learned counsel appearing on behalf of the appellant/owner of the vehicle that the learned tribunal passed the award against the evidence led by the parties and the established principles of law, therefore, same is liable to be set aside. It is also submitted that the award is on higher side, hence, requires modification/reduction. It is further urged by the learned counsel that the driver and owner after service of notice handed over all papers relating to the accident, such as insurance policy, driving licence and also requested the Insurance Company for proper arrangements for their appearance but the Insurance company did not pay any head to their request. On the basis of above, it is prayed that by allowing this appeal, the award passed in favour of claimants may be set aside or the Insurance company may be directed to indemnify the liability of the insured and to satisfy award passed by the learned tribunal in view of the statutory obligation envisaged under the Act.