PARVAT Vs. SHEIKH EJAJ

JUDGEMENT

(1.) Being aggrieved by the award dated 6.3.1999 passed by M.A.C.T., Shajapur in Claim Case No. 37 of 1997 whereby the claim petition filed by the appellant has been dismissed, the present appeal has been filed.

(2.) Short facts of the case are that, the respondent No. 1 was the owner of Tempo bearing registration No. MP 13-T 0461. On the relevant date, the offending Tempo was insured with respondent No. 3. The offending vehicle was stolen on 3.5.1995. F.I.R. was lodged by respondent No. 1 in the concerned police station. Thereafter an accident took place on 20.6.1995 by the offending vehicle which was being driven by deceased Rashid Khan, respondent No.2. In the claim petition filed by appellant, learned Tribunal held that since the vehicle was stolen on 3.5.1995 and the accident has taken place on 20.6.1995, therefore, neither the owner of the vehicle nor the insurer is liable for payment of amount of compensation. In the claim petition filed by appellant, learned Tribunal has held that, it is clear that vehicle was stolen prior to the accident, therefore, respondent No. 1 was not liable for payment of amount of compensation because the vehicle was being driven by an unauthorised person. Hence the claim petition was dismissed.

(3.) Learned counsel for respondent No. 3 submits that in the circumstances award could have been passed only against the person who was driving the vehicle. Since the name of Rashid Khan, respondent No. 2, has already been deleted, therefore no amount can be awarded as compensation and the appeal deserves to be dismissed.