NAZAKAT ALI HASHMI Vs. BHAGWATI DEVI

JUDGEMENT

(1.) THIS appeal by the owner under Section 173 of the Motor Vehicles Act, 1988 is directed against the award dated 10.3.2006 passed by the learned Motor Accident Claims Tribunal, Solan (hereinafter referred to as `the Tribunal') in MAC Petition No. 4FT/2 of 2005/2004 whereby he allowed the Claim Petition awarding compensation of Rs.71,000/- alongwith costs and interest in favour of the claimant but exonerated the Insurance Company on the ground that the vehicle, in question, was not insured and the name of the insurance company was ordered to be deleted.

(2.) THE claimant filed a Claim Petition alleging that she suffered injuries due to the rash and negligent driving of the bus No.HP-17-8670 owned by the appellant and which was being driven at the relevant time by respondent No.3 herein.

(3.) SH.Javed Khan, learned counsel for the appellant submits that in fact, on the next day, i.e., 31.3.2004, the bus No.HP-17-8670 was coming from Paonta Sahib but near Kandaghat, since there was some defect with the other bus No.HP-17-9786, respondent No.3 drove back in the bus No.HP-17-8670. However, this fact is not stated in the affidavit of the owner. The owner in his reply has clearly stated that on 30.3.2004 bus No.HP-17-8670 came from SHimla to Paonta Sahib. If the said bus had reached Poanta Sahib at night and there was defect in the other bus, i.e., bus No.HP-17-9786, how could this bus have travelled back from SHimla in the morning hours on 31.3.2004.