TULSI RAM Vs. VEENA DEVI AND ORS.

JUDGEMENT

(1.) Both these appeals are arising out of the same accident and the issue involved is also the same, hence taken up together for disposal. In fact, the Motor Accident Claims Tribunal Bilaspur, hereinafter referred to as "the Tribunal" for short, had made two separate awards on the same date i.e. on 1.4.2006 in MAC Case No. 42 of 2002, which became subject matter of FAO No. 215 of 2006 titled Tulsi Ram Thakur v/s. Smt. Mohinder Kaur and others and MAC case No. 43 of 2002 titled Smt. Veena Rani and others v/s. Man Mohan and others, which became subject matter of FAO No. 216 of 2006 before this Court. Both these appeals alongwith Cross objections No. 137 of 2007 filed in FAO No. 215 of 2006 were taken up by this Court for hearing on 7.3.2014 and after hearing the parties, both the appeals were remanded to the Tribunal. It is apt to reproduce paras 6 to 9 of the judgment dated 7.3.2014 passed in FAOs No. 215 and 216 of 2006, herein.

(2.) The claim petitions, after remand, came up for consideration before the Tribunal. Owner Tulsi Ram and driver Manmohan Singh Thakur, before the Tribunal stepped into the witness -box and got recorded their statements. After examining the pleadings and the statements of the parties, the Tribunal held that it was Deep Kumar who was driving the vehicle and not Manmohan Singh Thakur respondent No. 5 herein.

(3.) The issue to be determined is whether the findings recorded by the Tribunal are correct? The answer is in negative for the following reasons.