PURAN CHAND Vs. SATPAL AND OTHERS

JUDGEMENT

(1.) This appeal is instituted against the award dated 2.9.2014 rendered by the Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr, District Shimla in MAC Petition No. 0100110 of 2009.

(2.) "Key facts" necessary for the adjudication of this appeal are that respondents-claimants No.1 to 4 (hereinafter referred to as the "claimants" for convenience sake) instituted a claim petition under section 166 of the Motor Vehicles Act, 1988 against the appellant as well as respondents No.5 and 6 and predecessor-in-interest of respondents No. 7 to 9 Dalip Kumar due to death of Bishna Devi. According to the averments made in the petition, Smt. Bishna Devi was resident of Deem in Tehsil Anni, District Kullu. She was agriculturist. She was running a tailoring centre in her village and was imparting training. Her income was Rs. 20,000.00 per month. She was travelling in a maxi cab bearing registration No.HP-01-0162 on 4.9.2009 from Anni to her village. When the vehicle reached at Bahu at about 4.30 P.M., it went off the road and fell into a gorge. She received injuries. She died. The accident has taken place due to rash and negligent driving of the driver Puran Chand.

(3.) Appellant has filed reply. He has admitted the occurrence of accident. He has also admitted the death of Bishna Devi. He has also admitted that he was driving the ill-fated vehicle at the relevant time. However, according to him, accident has taken place due to sudden latent mechanical defect. Respondent No.5 also filed reply. According to him, he has sold the vehicle vide affidavit dated 11.4.2008 to the predecessor-in-interest of respondents No.7 to 9 Sh. Dalip Kumar. Respondent No.6 has averred that he has sold the vehicle to respondent No.5 on 7.1.2005. Predecessor-in-interest of respondents No.7 to 9 Sh. Dalip Kumar has not appeared despite notice. He was proceeded ex parte.