SHRIRAM SINGH Vs. KANWAR SINGH

JUDGEMENT

(1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) against the award dated 12-8-80, passed by the Addl. Motor Accident Claims Tribunal, Durg, in Claim Case No. 41 of 80.

(2.) RELEVANT facts are that the claimant (respondent No. 1) hired truck HRJ 1380 owned by the appellant for transporting six buffaloes from Mahendra Garh in Haryana to Raipur in Madhya Pradesh. The truck turned turtle near village Agri of Dematara Tehsil in district Durg on 9-7-1977. As a result of that, three buffaloes received injuries to the extent that two succumbed to them and one became lame. Rs. 6,000/- were claimed as compensation for the loss of two buffaloes, Rs. 1,600/-on account of injury to the leg of another buffalo and Rs. 1,000/- as transportation charges of three buffaloes. The driver of the said vehicle arranged another vehicle by which all the six buffaloes were transported to Raipur. Information as to the accident was received through a telegram. The claimant, therefore, came to Raipur. After verifying the correctness of the information, he sent a notice by regd. post acknowledgement due, on 29-9-77 to the appellant. Since the amount claimed was not paid, the claims was filed before the Tribunal.

(3.) ON pleadings of the parties, the Tribunal framed issues. After considering evidence on record the Tribunal held that the claimant was the owner of the buffaloes and was entitled to claim the compensation since the accident took place due to rash and negligent driving of the truck. The claim was, however, allowed for a sum of Rs. 5068/- together with interest @ rupees 4% per annum from the date of award till recovery. Aggrieved by this, the owner of the vehicle has filed the present appeal.