SUDHIR KUMAR Vs. OMWATI

JUDGEMENT

(1.) The appellant-owner of the motor cycle No. HR-12F-1504 has filed this appeal against the award passed by the learned Motor Accident Claims Tribunal, Rohtak allowing the claim petition filed under Section 163-A of the Motor Vehicles Act, 1988.

(2.) The claimant-respondent sought compensation for death of Rakesh Kumar, on the pleadings that on 5.7.2004 the appellant along with Rakesh Kumar was travelling on motor cycle No. HR-12F-1504 to Bharat Colony, Rohtak. The motor cycle was being driven by deceased Rakesh Kumar. When the motor cycle reached near the red light of Shiela Bye-pass the motor cycle slipped, and resultantly Rakesh Kumar and the appellant fell on the ground. Rakesh Kumar died due to the injuries suffered in the accident.

(3.) In spite of service the appellant did not appear to contest the claim petition. The award was passed by the learned Tribunal against the Insurance Company. However, keeping in view the fact that no licence of Rakesh Kumar was produced on record, the Insurance Company was given liberty to recover the amount from the owner i.e. the appellant.