PUTU HAZARIKA Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This is an appeal by the owner of the vehicle against the judgement and award dated 22.06.2001 passed by the Motor Accident Claims Tribunal, Golaghat, Assam in MAC Case No. 142 of 2000. The findings as returned by the Tribunal as regards the accident that occurred on 01.06.2000 for rash and negligent driving of the vehicle bearing registration No. AS-03/7029, death of one Babuli Hazarika, son of the appellant who was travelling as the fare-paid owner of the goods in the said vehicle and its insurance coverage by the National Insurance Company Ltd. vide its policy No. 1999/6706393 issued from the Golaghat Branch are not in dispute by either of the parties or in the appeal. As such those findings stand affirmed and further appraisal thereof is avoided.

(2.) The question that has been projected in the appeal is that the Tribunal in defiance to the statutory provision as engrailed in Section 147 of the Motor Vehicles Act, 1988 has saddled the liability of payment on the owner of the vehicle.

(3.) Mr. J. Singh, learned senior counsel appearing for the appellant having referred to the finding of the Tribunal that: