GARGESH KUMAR Vs. ADITYA

JUDGEMENT

(1.) Since both these appeals arise out of a common order, they were heard together and are being disposed of by this common judgment.

(2.) The present appeals have been filed by the appellant(s) against the impugned order dtd. 16/1/2025, passed by learned Motor Accident Claims Tribunal-II, Chamba, District Chamba, H.P., in CMA No. 465/2022, whereby respondents No. 1 and 2, i.e. owner and driver of the offending vehicle (appellant(s) herein) were held jointly and severally liable to pay interim compensation of Rs.50,000.00 in favour of the claimant under Sec. 140 of the Motor Vehicles Act, 1988 (for short "MV Act").

(3.) FAO No. 75 of 2025 has been filed by Gargesh Kumar, driver of the offending vehicle, on the ground that learned Tribunal below had erroneously fastened the liability upon him, who admittedly was not the owner of the vehicle at the time of the accident, as it is the owner of the vehicle who alone is liable to pay the compensation.