DARSHAN SINGH Vs. KEWAL MOHAN AND ORS.

JUDGEMENT

(1.) This is owner's appeal against award dated August 13, 2014 passed by learned Motor Accident Claims Tribunal, Jalandhar (for short "the Tribunal") awarding in favour of respondent Nos. 4 to 7 (here-in-after referred to as, "the claimants") compensation amounting to Rs. 8,25,000/- with interest at the rate of 7.5% per annum from the date of filling of the claim application till realisation.

(2.) As per case of the claimants, at or around 10.30 p.m. on July 29, 2012 Davinder Kumar alias Dara, aged between 26-28 years, a skilled labourer, died in an accident which took place between the motor-cycle driven by him and a four wheeler bearing registration No. RJ 13 IG 1221 being driven by Rakesh Kumar, respondent No.2 in a rash and negligent manner. Widow, a minor son, mother and father of Davinder Kumar alias Dara, respondent Nos. 4 to 7, respectively, filed claim application No. 29903 of 2013 under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') claiming compensation for loss of dependency caused by death of Davinder Kumar alias Dara. The application was contested by the driver, the owner (appellant herein) and the financer of the offending four wheeler (respondent No. 3 herein). The appellant, however, took a stand that he was not the owner of the offending vehicle on the date of accident as it had already been seized by the financer and sold to Kewal Mohan, respondent No.1, way back in the year 2006.

(3.) Learned Tribunal framed issues, took evidence and on appreciation of the evidence adduced on record by the parties came to the conclusion that the accident took place due to rash and negligent driving of the four wheeler bearing registration No. RJ 13 IG 1221 by Rakesh Kumar, respondent No.1 and awarded compensation in favour of the claimants holding the appellant/respondent No.2(a) and respondent No.2, Kewal Mohan jointly and severally liable to pay the compensation.