ROSHAN LAL Vs. SAMA MASIH

JUDGEMENT

(1.) These appeals have been filed by Roshan Lal against the award dated 07.03.2007 passed by Motor Accident Claims Tribunal, Amritsar (later referred to as the tribunal), whereby he was directed to pay the compensation as awarded to the claimants in MACT case No.83/FTC of 2006 titled as 'Sama Masih and others Vs. Nirvail Singh and others' and in MACT case No.82/FTC of 2006 titled as 'Sukhi and others Vs. Nirvail Singh and others'.

(2.) As per case of the claimants, deceased Raja Masih, Judge Masih with Major Masih were going on scooter bearing registration No.PB- 02Z-8454, which was hit by Mini Bus having registration number displayed on it as PB-02A-2291 (later referred to as the offending vehicle), resulting in death of Raja Masih and Judge Masih while Major Masih and one Constable of BSF namely Hari Ram sustained injuries. The accident took place due to rash and negligent driving of the offending vehicle. The matter was reported to the police and FIR No.29 dated 12.02.2004 was registered at Police Station Bhikhiwind for the offences punishable under Sections 279, 337, 338, 304-A, 427/34 IPC.

(3.) Learned counsel for the appellant has challenged the award on the sole ground that appellant Roshan Lal was not owner of the offending vehicle, as such, is not liable to pay compensation as awarded by the tribunal.