BHARAT SINGH Vs. MADAN KUNWAR

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act has been filed against the award dated 26/9/2008 passed by 1st Additional Member, Motor Accident Claims Tribunal Mandsaur in Claim Case No. 74/2007 assailing the finding of liability to pay compensation fastened against the son of the appellants though not, the registered owner. The facts, in brief are that on 30/10/2006 at about 8.00 p.m. deceased-Vikram Singh went on motorcycle with Guddu and Talveer Singh to Sitamau to purchase medicines, while coming back, Tempo bearing registration No. M.P. O7-T/2041 driven rashly and negligently by the driver namely Kushal Singh dashed the standing motorcycle on the bank of the road. These persons sitting or the motorcycle fell down and sustained injuries out from Vikram Singh succumbed due to those injuries. Thus seeking compensation to the tune of Rs. 20,40,000/- application under Section 166 of the Motor Vehicles Act was filed by the claimants.

(2.) The Driver Kushal Singh filed the written statement, inter-alia, contending that he was engaged as driver by the owner Pradeep Kumar and driving the offending vehicle on the date of accident. The fact regarding commission of accident, and other claim averments have also been denied by him.

(3.) Respondent-Pradeep Kumar filed written statement, inter-alia, contending that the vehicle in question has been sold to Bhanu Pratap Singh vide agreement dated 31/12/2005, however, for the accident, if any, took place, he is not responsible to pay the amount of compensation. It is further contended that deceased himself driving the motorcycle in a drunken position, however, he himself was negligent, therefore, he is not liable to pay any amount of compensation for the negligence of the deceased himself.