SHYAM LAL AND ANR Vs. SURJEET KAUR

JUDGEMENT

(1.) The owner of the vehicle in question has assailed the award dated 9.12.2005, passed by the Motor Accident Claims Tribunal, Bilaspur, H.P in M.A.C. Case No. 54 of 2003, titled as Smt. Surjeet Kaur and Ors. v. Sh. Shyam Lal and Ors. The challenge is limited to the findings returned by the Tribunal with respect to issue No. 4.

(2.) Since the controversy in issue is narrow, hence brief facts necessary for adjudication are as under.

(3.) The claimants, respondents No. 1 to 6 filed a petition under Section 166 of the Motor Vehicle Act, 1988 (hereinafter referred to as the Act) against the present appellants being owner and the driver of the vehicle (tempo) No. HP-12-8723 as well as against respondent No. 7 being the insurer of the vehicle. The claimants' case, as undisputedly which has emerged from the record is that the vehicle in question was hired by one Sh. Raghunath Kaushal for the purpose of carrying the goods on the occasion of the wedding of his son Kamal Kumar. The services of Sh. Siri Ram alias Ram Kumar alias Rami alongwith one Sh. Amrik Singh were pressed by the owner of the goods for the purposes of loading and unloading of the articles and carrying them from one destination to another. On 21.4.2003 the vehicle met with an accident and the said persons engaged as labourers who were also travelling in the vehicle sustained injuries. Unfortunately Sh. Siri Ram, aged 35 years and Sh. Amrik Singh, aged 28 years died as a result of the injuries sustained in the said accident. Deceased Sh. Siri Ram left behind the claimants being widow, the mother and four minor children. The matter was reported to the police and F.I.R. No. 100/2003 dated 21.4.2003 was registered with police station Bilaspur.