BISWAJIT DAS Vs. SHUVHARUNG REANG AND ORS.

JUDGEMENT

(1.) This appeal by the registered owner of the vehicle is directed against the award dated 21.3.2012 delivered by the learned Motor Accident Claims Tribunal, Dharmanagar, North Tripura, whereby he awarded a sum of Rs. 1,88,000/ - as compensation in favour of the claimants and held the appellant (registered owner) liable to pay this amount.

(2.) The undisputed facts are that deceased Harendra Reang was traveling in a Commander Jeep bearing registration No. TR02 -2715 which was driven by its driver at a high speed. According to the averments made in the claim petition, when this vehicle was being driven at a high speed it suddenly dashed against some Army vehicle number of which could not be traced out and as a result, Harendra Reang died at the spot itself.

(3.) Originally Sri. Biswajit Das was shown to be the owner of the vehicle and Litan Nath shown to be the driver of the vehicle. Written statement was fled by Sri Biswajit Das in which he stated that he was originally the owner of the vehicle but that he had sold the vehicle vide agreement dated 01.9.2009 to one Sri Jagadish Purkayastha in the presence of witnesses and thereafter, he had handed over the possession and management of the said vehicle to Sri Jagadish Purkayastha on 01.9.2009 for a period of three years till 01.9.2012. It would be pertinent to mention that the alleged driver of the vehicle Sri Litan Nath also fled a written statement where he denied all the allegations made in the claim petition. In the reply he also stated that he had come to learn that Sri Biswajit Das was not the owner of the vehicle and that from 01.9.2009 one Sri Jagadish Purkayastha of Village & Post Office, Panisagar, Dharmanagar had taken over possession and management of the said vehicle as per agreement on monthly basis for three years.