SAVITRI DEVI Vs. SHER SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of the aforementioned ten appeals, five filed by the owner of the offending Max jeep and five by the Insurer of the Max jeep, challenging the impugned Award dated 24.1.2013, passed by the learned Motor Accidents Claims Tribunal, Bhiwani (in short 'the Tribunal').

(2.) LEARNED counsel for the appellants (owner as well as insurer of the offending Max jeep) submit in one voice that the learned Tribunal erred in holding the appellants liable to pay the compensation. Earlier the driver, owner and insurer of the Max jeep were not made party before the Tribunal and no issue was framed with regard to the driver of the Max jeep, having a valid and effective driving licence. The learned Tribunal ignored the statement of PW5 Narender Kumar, an eye witness, travelling in the Max jeep at the time of the accident, who has specifically stated that Chattar Singh, driver of the bus rashly and negligently came from the opposite side and struck with the Max jeep, as a result of that impact, the vehicle turned turtle and the occupants of the Max jeep suffered multiple injuries. The FIR was lodged against Chattar Singh, the driver of the bus. Sham Sunder has already been acquitted by the trial Court on the ground that one Virender Singh was driving the Max jeep. The claimants as well as the injured also stated that the driver of the bus was rash and negligent in causing the accident. He further submits that Virender Singh was having a valid and effective driving licence at the time of the accident. Thus, the liability to pay the compensation should be on the Insurance Company of the offending bus.

(3.) I have heard the learned counsel for the parties and perused the case file.