NARU RAM Vs. DURGA DEVI

JUDGEMENT

(1.) The owner of the offending vehicle has filed the instant appeal under Sec. 173 of the Motor Vehicles Act (for short 'the Act') against the award passed by learned Motor Accident Claims Tribunal, Bilaspur on 20.8.2015 fastening upon the appellant and respondent No.2 the liability to pay Rs.5,64,956.00 alongwith interest at the rate of 9% per annum from the date of filing of the petition till the amount is deposited.

(2.) In view of the nature of order I propose to pass, a reference to detailed facts may not necessary, suffice it to say that the claimant/respondent No.1 filed a claim petition under Sec. 166 of the Act for grant of compensation on account of the injuries sustained by her in an alleged motor accident which took place on 4.2.2013 involving the bus owned by the appellant and being driven allegedly by respondent No.2, Babloo Kumar.

(3.) The appellant along with the appeal has filed an application under Order 41, Rule 27 Civil Procedure Code for placing on record additional evidence (CMP No.10077/2016) to prove that even if it is assumed for the time being that it was Babloo Kumar, who had been driving the vehicle at the relevant time, even then he at the relevant date was having a valid and effective driving licence to drive the bus in question and findings, to the contrary rendered by the learned Tribunal, therefore, deserve to be set aside.