RAMCHARAN Vs. RADHESHYAM

JUDGEMENT

(1.) This judgment shall govern the disposal of both Misc. Appeals No. M.A No. 120/2013 & M.A. No. 121/2013, as both the appeals have been filed by appellant-owner of the offending vehicle against the common award dated 05.10.2012 passed by the Member, Motor Accident Claims Tribunal, Sheopur, in Claim Case No.37/2011 whereby, the Claims Tribunal has awarded the compensation to the tune of Rs. 60,000/- to respondent No. 1- Radheshyam for the injuries sustained by him in the accident. Claims Tribunal has also awarded the compensation to the tune of Rs. 4,90,000/- to respondents 1 to 5 in Claim Case No.36/2013 for the death of Jagdish. The compensation was directed to be paid jointly and severally by appellant-owner and respondent No.2- driver.

(2.) Learned counsel for the appellant submitted that the learned Claims Tribunal has committed procedural and substantive error of the law in not considering the evidence on the record in favour of the appellant particularly when the evidence led by the appellant remained unrebutted. It is further submitted that as per FIR, incident has occurred due to mistake of motorcyclist, as the Tractor which was driven by the respondent No.2 was hit from the front side, therefore, no fault lies with the respondent No. 2. The Claims Tribunal has further committed error is exonerating the Insurance Company as the accident occurred with the tractor and not trolley.

(3.) Learned counsel for the appellant has contended that as per Section 10 of the Motor Vehicles Act, Form-10 and contents of licences are as under:-