MULLA MD ABDUL WAHID Vs. ABDUL RAHIM

JUDGEMENT

(1.) THIS appeal is against the decision of the Second Motor Accidents Claims Tribunal and claimant is the appellant.

(2.) THE short question that arises for consideration in this appeal is whether the Tribunal has jurisdiction to award compensation more than the amount claimed by the claimant. The answer to the aforesaid question depends upon a true and correct interpretation of the provisions of Section 110 -B of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'Act').

(3.) THE owner of the vehicle in his written statement admitted about the accident, but took the stand that there was no rashness or negligence on the part of the driver in driving the vehicle. According to him, a vehicle was coming from the opposite direction with great speed and in order to avoid running over a cyclist, the said vehicle suddenly moved to its right. The driver of the vehicle which was carrying the claimant to avoid being hit by the vehicle coming from the front took his vehicle to the left not knowing that the soil was loose and on that score the vehicle capsized and the accident occurred. The Insurer also filed a written statement denying the allegations of negligence on the part of the driver of the vehicle of which the claimant was going as Conductor.