PURNYA KALA DEVI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an appeal against the award dated 11. 7. 2002 passed in the m. A. C. Case No. 34 of 1993 by the Motor accidents Claims Tribunal, Darrang determining a sum of Rs. 1,41,400 as compensation payable to the claimant-appellant by the respondent No. 3 herein, namely, Md. Abdul Salam, who is the registered owner of the offending vehicle, with interest at the rate of 9 per cent per annum from the date of making of the claim application.

(2.) THE case of the claimant-appellant may, in brief, be described thus: the claimant's husband, Dhanbahadur chhetry, used to receive, as a chowkidar of Udalguri Girls' High School, Rs. 1,000 per month as his salary. On 16. 2. 1993 at about 10. 15 a. m. , when the claimant's husband was proceeding on the road, he was run over by a bus bearing registration No. AMZ 6858 and died, the accident having taken place due to rash and negligent driving of the offending vehicle by its driver. The claimant, therefore, sought compensation of a sum of Rs. 2,00,000 only. Though this claim for compensation was made not only against Md. Abdul Salam, who was registered owner of the offending vehicle, but also against one Jalil Haque, who is said to have purchased the offending bus, the fact remains that Md. Abdul Salam remained as the registered owner of the bus till the date of making of the claim application.

(3.) HAVING been served with notice, Md. Abdul Salam aforementioned, appeared in the claim proceeding and filed his written statement, wherein he submitted, inter alia, that at the time of the accident, the vehicle was under requisition by the State Government, the order of requisition having been made by the S. D. O. (Civil), Udalguri and hence, it is the State Government who ought to have been fastened with the liability and made to pay the compensation, if any, to the claimant. Though the State of Assam was also impleaded as a party to the claim proceeding, it did not file any written statement. However, the S. D. O. (Civil), who too stood impleaded as a party, submitted his written statement, his case being that the vehicle stood released on the day of the accident at about 10. 30 a. m. and that the accident had taken place around the same time.