BANESINGH Vs. LEELABAI

JUDGEMENT

(1.) BEING aggrieved by the award dated 14.8.2006, passed by Additional M.A.C.T., Nursinghgarh, in Claim Case No. 3 of 1998, filed by the respondent Nos. 1 to 5, whereby in a death case learned Tribunal awarded a sum of Rs. 3,62,000 and exonerated respondent No. 6 from the liability of compensation, the present appeal has been filed.

(2.) SHORT facts of the case are that respondent Nos. 1 to 5 filed a claim petition alleging that on 26.5.1997, the deceased Bankatlal was going in a bus from Khujner to Jeerapur. It was alleged that in the way when deceased was sitting on roadside, as the bus was out of order at about 10.10 p.m., at that time a motor cycle, which was bearing registration No. MP 04 -H 1536, which was being driven by appellant dashed the deceased, with the result Bankatlal died. It was alleged that respondent No. 6 is the owner of the vehicle. It was alleged that since the deceased died because of rash and negligent driving of appellant, therefore, appellant and respondent No. 6 are liable for payment of compensation.

(3.) APPELLANT also filed the written statement, wherein the liability was disputed. It was denied that appellant was driving the offending vehicle. It was also denied that appellant has never purchased the motor bike. After framing of issues and recording of evidence learned Tribunal allowed the claim petition filed by the respondent Nos. 1 to 5 and awarded compensation of Rs. 3,62,000. So far as liability of payment is concerned, learned Tribunal held that the appellant has purchased the motor bike prior to the date of accident and appellant was driving the offending vehicle, therefore, the appellant is liable for payment of compensation and respondent No. 6 was exonerated. Against this award, whereby the respondent No. 6 was exonerated, the present appeal has been filed.