MEHARBAN SINGH Vs. PUSHPABAI

JUDGEMENT

(1.) BEING aggrieved by the award dated 23-12-06 passed by MACT, Dewas, the present appeal/revision has been filed by the appellant/petitioner who is owner.

(2.) SHORT facts of the case are that claim petitions were filed by the injured who are respondent No. 1 in all the matters alleging that on 23-8-05 respondent No. 1 were going in a bus bearing registration No. MP 04 H-7291, it was alleged that because of rash and negligent driving of respondent No. 3 the offending bus turtle down, with the result respondent No. 1 sustained injuries. It was alleged that the offending bus was owned by appellant and insured with respondent No. 2. On the basis of aforesaid facts it was prayed that the claims petition be allowed and respondent Nos. 2 and 3 and appellant be held liable for payment of compensation. The claim petition was contested by the appellant as well by respondent No. 2. The defense taken by respondent No. 2 was that the respondent No. 3 was not possessing valid driving license and the offending vehicle was not possessing the valid permit. It was alleged that in the facts and circumstances of the case respondent No. 2 is entitled for exoneration.

(3.) AFTER framing of issue and recording of evidence learned Tribunal found that because of rash and negligent driving of respondent No. 3, the accident took place in which respondent No. 1 in all the cases sustained injuries. It was also found proved that offending bus was not possessing the valid permit. However, it was found proved that respondent No. 3 was possessing the valid driving license. Therefore, the claim petitions filed by the appellant were allowed. In each of the case the amount of compensation awarded by the learned tribunal is as under:- <FRM>JUDGEMENT_452_MPHT2_2008Html1.htm</FRM>