BHUPEN HANDIQUE Vs. SHYAM BALA MEDHI

JUDGEMENT

(1.) This appeal has been filed by the owner of the vehicle against the award of the Member, Motor Accident Claims Tribunal awarding a total compensation of Rs. 1,50,000/- to the widow and the mother of the deceased. At the very outset, the counsel for the appellant has stated before us that in so far as the awarded amount of Rs. 1,50,000/- is concerned he is not disputing the same. He submitted that the accident did take place, but not with the taxi belonging to the appellant and that it is not proved that driver of the taxi was negligent. In the light of these two submissions, the question thus arises, whether it has been proved on the record that the vehicle belonging to the appellant was involved in the accident and whether the driver was rash and negligent in driving the same.

(2.) The said questions have to be decided by us in the light of the averments made in the petition, the defence taken by the appellant and the evidence brought on the record of the case. The case of the claimant is that one Moni Barush was driving Ambassador Car No. ASM-1548 on 10th June, 1992 when he knocked down Pradip Medhi the cyclist on National Highway No. 52 at 2.50 PM. The injured was taken to the Civil Hospital where he was declared dead at 3.58 PM. It is further case of the claimant that vehicle in question was involved in the accident as a result of which Pradip Medhi died. The case of the appellant/owner was that his vehicle was never involved in the accident and that two passengers DW-1 and DW-2 hired the taxi which was stopped by the driver after seeing certain persons surrounding the deceased on the road. The two passengers DW-1 and DW-2 saw that the deceased was lying in a iinjured condition. The deceased was removed by DW-1 Dr. Ananda Pegu.

(3.) The tribunal after examining the evidence of PW-7 the Investigating Officer found that the driver of the Ambassador Car was rash and negligent in driving the same. It was further found that the offending car was involved in the accident. DWs-1 and 2 were held to be unreliable.