NEEAM JHA Vs. MANJU DEVI

JUDGEMENT

(1.) This appeal has been preferred by the above-named appellant, who happens to be owner of the alleged offending vehicle bearing No. BR 30-P 3697 in the name and style Mukund Coach, against the judgment and award passed by the 3rd Addl. District Judge, M.A.C.T. in Claim Case No. 2 of 1997 (4 of 1999) granting compensation to the claimants- respondents to the tune of Rs. 1,00,000 with interest at the rate of 12 per cent per annum.

(2.) Claimants are the parents of Dablu who was a boy of 10/11 years met with an accident on 6.12.1996 by bus bearing No. BR 30-P 3697. According to the claimants, the bus was being driven negligently in a rash and high speed as a result of which accident occurred and the deceased died almost instantaneously. The bus in accident was running having route permit under RTA, but very peculiarly it had no insurance which was a must for running a bus on the road. Be it what it may the claim case was contested from the side of the appellant by filing written statement therein the accident occurred due to the bus in question has been denied. Nowhere it has been stated in the written statement that the bus was not being driven on the road where the alleged accident had taken place on the date of accident, but it was an afterthought during the course of adjudication. By producing route permit, etc., the appellant wanted to show that the road in question did not fall within the route permit of the offending bus.

(3.) For and on behalf of the claimants nine witnesses have been examined and several witnesses have been examined for the purpose of denial from the side of the appellant in the court below. Learned Tribunal considered the evidence of individual witnesses of both sides and discussed them elaborately and came to the finding that the bus in question was the offending bus and, as such held the owner of the bus, i.e., appellant-respondent liable for paying compensation to claimants and the compensation was assessed to Rs. 1,00,000 as already stated above.