VIJAY KUMAR SHARMA Vs. ARTI PHILLIP

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988, is directed against the interim award dated 21. 9. 1995 passed by the First Additional Motor Accidents Claims Tribunal, Jabalpur, In Claim Case No. 17 of 1995, awarding a compensation of Rs. 50,000/- to the claimant.

(2.) THE facts giving rise to this appeal, briefly stated, are that on 24. 12. 1994 at about 2400 hours, a Maruti car bearing registration No. MOX 9296, belonging to the appellant, met with an accident at Barela Road on the National Highway No. 7. The car was being driven by respondent No. 2, driver. As a result of the accident, one Nirmal Phillip, husband of the claimant, who was travelling in the car, was killed. The claimant, wife of the deceased, filed an application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the M. V. Act') for compensation on account of the death of her husband. She also filed an application under Section 140 of the M. V. Act for grant of interim compensation on the principle of no fault liability.

(3.) THE claim petition was resisted by the appellant (owner of the Maruti car) on the plea that he had gone to Bhilai in connection with his business and while leaving for Bhilai, he had instructed his driver, namely, the respondent No. 2 to receive him at Jabalpur Railway Station on 25. 12. 1994, as he was to come back by Amarkantak Express which arrives at Jabalpur Railway Station at 2. 30 a. m. in the morning. As per his instructions the driver, respondent No. 2, was supposed to reach the railway station by 2. 30 a. m. , but the respondent No. 2 on the pretext that the train arrives late at night and he would like to stay in the car, took the vehicle at 10. 30 p. m. on 24. 12. 1994 from the wife of the appellant. However, instead of taking the car to the railway station straight, the respondent No. 2 went astray with the car to collect some of his friends, including the deceased Nirmal Phillip, to celebrate Christmas festival. The respondent No. 2 and his friends, including the deceased Nirmal Phillip, consumed alcohol to their capacity and went on a long drive to Barela. Under the influence of liquor, the respondent No. 2 lost control over the car and dashed the same against a culvert, as a result of which Nirmal Phillip received serious injuries and ultimately succumbed to the same on 25. 12. 1994.