OM PRAKASH Vs. KAMLESH

JUDGEMENT

(1.) THIS appeal has been filed under section 173 of the Motor Vehicles Act, 1988 by the registered ownerof the offending vehicle against the award dated 21 -9-2007 passed by the Motor Accident Claims Tribunal, Jind (for short 'the Tribunal'), whereby a sum of rs. 1,60,000/- as compensation along with interest 7. 5% per annum has been awarded to the claimants for the death of their son, Amit, and the appellant (registered owner), respondent No. 3 (driver) and respondent No. 6 (actual owner of the offending vehicle) were held liable to pay the compensation jointly and severally. Put shortly, the facts of the case are that on 29-6-2004, claimant Ram Mehr along with his son Amit and sister's son Rajpal was coming to Safidon from his village Khera khemawati for some work in grain market and at about 9. 00 a. m. when they were going from anaj Mandi gate and Amit started crossing asandh Road, a maruti car bearing registration no. H. R.-26- 26-C-6650 being driven rashly and negligently by its driver-vicky came from safidon side and hit Amit, as a result of which he had received multiple and serious injuries on various parts of his body. He was removed to C. H. C. Safidon from where he was referred to P. G. I. M. S. , Rohtak but due to serious condition, Amit was taken to Dr. Prem Hosiptal at Panipat for treatment. On 1-7-2004, Amit succumbed to his injuries. F. I. R. No. 223 was got registetd on 30-6-2004 regarding the accident at Police Station Safidon. It was pleaded that the accident had taken place due to rash and negligent driving of the Maruti car by its driver. It was further pleaded that the deceased was a student of about 15 years of age and used to earn Rs. 3,000/- per month by selling milk. It was further pleaded that a sum of Rs. 50,000/- was spent on his treatment. With these averments, the claimants filed a claim petition under Section 166 of the Motor vehicles Act, 1988 (for short "the Act") before the Motor Accident Claims Tribunal, Jind claiming a sum of Rs. 10,00,000/- as compensation on account of the death of their son Amit.

(2.) THE said claim petition was contested by the respondents therein by filing their separate written statements. Respondent No. 1- Vicky in his statement pleaded that neither any such accident had taken place with the maruti car nor was he driving the said car rashly or negligently. He further pleaded that the police had registered a false criminal case and that the car has been falsely involved in collusion with the claimants to get compensation. Respondent No. 2-Om prakash, the registered ownerof the offending vehicle, had pleaded that he was neither owner nor driver of the car in question as he had sold the said car to one Jai Parkash son of Ram Nath on 24-9-2001, i. e. prior to the date of accident. It was further pleaded that the car was once again sold in favour of Attar Singh son of Ram Chander. Respondent No. 2-A-Jai parkash pleaded that he had also sold the car to respondent No. 2-B-Raj Kumar and, thus, he was not owner of the car in question on the date of the accident. Respondent No. 2-C-Attar Singh pleaded that no accident had taken place with the vehicle in question and a false case has been registered involving the car in question to get the compensation. It was further pleaded that he sold the said car to one Subhash son of Pirthi Singh on 11 -8-2003 and had no concern with the same. He prayed for the dismissal of the claim petition.

(3.) THE Tribunal framed various issues and on appreciation of the evidence led by the parties held that Amit had died due to the injuries received by him in the accident caused by negligent and rash driving of maruti car bearing registration No. H. R.-26-C-6650 by its driver Vicky. Further, it was held that Om parkash, the appellant herein was still registered owner of the offending vehicle and attar Singh was actual owner in possession of the offending car at the time of accident. Accordingly, the claim petition was allowed by the Tribunal vide award dated 21 -9-2007 and a total compensation of Rs. 1,60,000/- was awarded to the claimants in equal shares with interest at the rate of 7. 5% per annum from the date of filing of the claim petition till realisation. The said compensation was liable to be paid by respondents No. 1 2 and 2-C jointly and severally.