SURYA PRATAPSINGH Vs. SITALIYA

JUDGEMENT

(1.) Being aggrieved by the award dated 9.3.2000 passed bv the Fifth Motor Accidents Claims Tribunal, Rewa, in Claim Case No. 3 of 1999 the bus owner, appellant, has preferred this appeal under section 173 of the Motor Vehicles Act for saddling liability against the insurer, respondent No. 6, as it was exonerated by the Tribunal.

(2.) As per pleading of the claim application on dated 28.8.1998 the deceased Bhaiyalal was travelling from Mangawa to Rewa in the jeep bearing registration No. MP 17-A 3630. On reaching near to Ramnai Stone Mines at National Highway No. 7, the bus bearing registration No. MP 17-A 3636 driven by Rama Shankar Sen, respondent No. 5, in a rash and negligent manner came from the opposite direction and dashed the jeep. Resultantly the jeep fell down in the mines in which water was stored. Not only the jeep was damaged but said Bhaiyalal also died in this accident. On information an offence was registered at Police Station, Rampur Karchuliyan after holding investigation a charge-sheet was also submitted against respondent No. 5. The aforesaid bus was owned by the appellant while it was insured with Oriental Insurance Co. Ltd., respondent No. 6. The respondent Nos. 1 to 4 are legal representatives and the dependants of the deceased Bhaiyalal. They have filed the claim for compensation of Rs. 6,00,000 for loss of dependency and other heads as mentioned in the claim petition.

(3.) In reply of appellant and respondent No. 5, the various facts as mentioned in the claim application have been denied. The accident did not take place due to rash and negligent driving of respondent No. 5. The accident took place because of traffic hazard of other vehicles and also rash and negligent driving of the said jeep in which the deceased was travelling. Thus, the appellant and respondent No. 5 have denied their liability to indemnify the claim. In alternative it is also pleaded that on finding any liability against them, the same be saddled against the insurer, respondent No. 6, as the bus was insured with it and prayed for dismissal of the claim against them.