UDHA RAM Vs. JAYA SHARMA

JUDGEMENT

(1.) CHALLENGE in the appeal as well as in the Cross Objections is to the award dated 10.1.1997 passed by the Motor Accident Claims Tribunal (for short 'the Tribunal') whereby the claimant has been awarded a compensation to the true of Rs. 1,00,000/- along with interest at the rate of 12% per annum for death of her daughter Shaveta in road accident and liability to make the payment of compensation has been imposed upon Udha Ram appellant, who is the owner and driver of the offending vehicle.

(2.) THE facts giving rise to the present appeal by the owner of the offending vehicle, i.e., truck bearing No. MP-23-D-2404, are that on 5.11.1992 at about 5.30 P.M., Shaveta - a young girl of 17 years - was crushed under the said vehicle while she was going on her Moped bearing No. CH-01-F-1-8683 from her house in Sector 7, Panchkula towards Sector 18, Panchkula. Her mother Smt. Jaya Sharma filed a claim petition alleging therein that Shaveta was a brilliant student of 10+2 and she was earning Rs. 2,500/- month from private tuition in Science, Mathematics and other subjects. Another sum of Rs. 1,000/- was claimed on account of transportation of the dead body. The claim petition was contested by the owner of the truck as well as the Insurance Company. On the pleadings of the parties, the following issues were framed :-

(3.) ANOTHER contention raised by Mr. Gupta is that the Tribunal erred in holding that the truck in question was being driven rashly and negligently and that Udha Ram appellant was holding a fake driving licence. It has been contended that the two witnesses examined by the Insurance Company were its employees and, thus, were interested witness. No independent witness from the office of Licensing Authority has been examined to prove the assertions of the Insurance Company that the driving licence adduced on record by Udha Ram appellant was fake. Thus, it has been contended that the Tribunal wrongly absolved the Insurance company of its liability to make the payment of the amount of compensation to the claimant.