RAKESH KUMAR Vs. PINKI AND OTHERS

JUDGEMENT

(1.) The award dated 19.04.2016 passed by the Motor Accident Claims Tribunal, Ambala (for short 'the Tribunal') has been assailed by the owner of truck bearing registration No. HR-69A-7560 (for short 'the offending vehicle') being aggrieved of his liability to pay compensation awarded to the claimants under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act').

(2.) The facts emanating from the record are that in the intervening night of 17/18.08.2015, Narender alongwith other farmers was going from Baddi to Ludhiana in a Truck bearing registration No. HR-69A-7560 (for short 'the offending vehicle') for selling the Mangoes. Narender was sitting with the loaded goods in the offending vehicle. The offending vehicle was being driven rashly and negligently, as a result, driver could not control the offending vehicle, it turned turtle and all the occupants suffered multiple grievous injuries. Narender succumbed to the injuries and died at the spot. FIR was registered.

(3.) A claim petition was filed under Section 166 of the Act. The Tribunal after considering the facts and appreciating the evidence adduced held that the accident was caused due to the rash and negligent driving of the offending vehicle. The owner of the offending vehicle was held liable to pay compensation. The Insurance Company was absolved from the liability to pay compensation on the ground that the deceased was travelling in the offending vehicle as gratuitous passenger.