BRIJMOHAN BHARADWAJ Vs. PREMA PRABHA DAS

JUDGEMENT

(1.) THIS appeal arises from the award dated 28-7-75 of the Motor Accident Claims Tribunal Jorhat in M.A.C. Case No. 16/71.

(2.) THE facts of the case may briefly be stated. On 26-5-71 at about 9 p.m., a goods vehicle bearing registration No. ASJ 7383 (Dodge) met with an accident at Borhola-Na-Ali near Dangdhora Chariali. The appellant Brijmohan was the owner of the vehicle. The goods vehicle was carrying logs (fire-woods). Kamal Das, husband of the claimant Prema Prova, was travelling in the vehicle which met with an accident and died in the accident. The Tribunal made an award for Rs. 15,000/- payable by the owner of the vehicle by holding that the death and accident was due to the negligence of the driver of the vehicle; hence this appeal to this Court by the owner of the vehicle.

(3.) THE learned Counsel for the appellant and the respondent-1 have submitted that respondent-2, the National Insurance Company Ltd, is to indemnify the owner of the vehicle. Mr. N. Chakravarty, the learned Counsel for the respondent-2 has submitted that the company is not liable under Sections 95 and 96 of the Motor Vehicles Act.