NARESH VERMA Vs. SMT. DIPTI UPADHYAY AND OTHERS

JUDGEMENT

(1.) With consent, heard finally.

(2.) Appellant (owner) has filed this appeal under section 173(1) of Motor Vehicles Act, 1988 being aggrieved by impugned award dated 21/11/2014 passed by Seventh Additional Member Motor Accident Claims Tribunal, Gwalior in Claim Case No. 106/2013, whereby the tribunal has awarded amount of Rs. 7,42,500/- to respondents No. 1 to 4/claimant towards the death of husband of respondent No. 1 and father of respondents No. 2 to 4 in road accident dated 6/4/2013. The Insurance Company/respondent No.6 was exonerated from the liability of payment of amount under compensation on the ground that the offending vehicle was being plied against the policy conditions at the time of accident and liability for payment of amount of compensation was fixed over appellant and respondent no. 5 ( owner and driver of the offending vehicle), on the ground that respondent No. 5 was having LMV licence and therefore, was not authorized to drive Chhota Hathi Magic bearing registration No. M.P.07-L-2316, a commercial/transport vehicle.

(3.) Precisely stated facts of the case are that on 6/4/2013 while husband of respondent No. 1 and father of respondents No. 2 to 4 alongwith one Bhuresingh Sikarwar was coming after Darshan of Shanichara Temple on Heropuck, it is alleged that respondent No. 5 by driving the offending vehicle in rash and negligent manner dashed the heropuck, due to which deceased-Mahesh Upadhyay sustained grievous injuries and succumbed to the same during treatment. Respondents No. 1 to 4 filed a claim case, in which the Tribunal has awarded a compensation of Rs. 7,42,500/-, however liability for payment of amount of compensation was fastened over appellant and respondent no. 5 ( owner and driver of the offending vehicle) jointly and severely.