OM PRAKASH DALMIA Vs. BINA SAHA

JUDGEMENT

(1.) This is an appeal by opposite party No. 2 (defendant) against whom a claim for Rs. 50,000/- under the Motor Vehicles Act (hereinafter referred to as the Act) has been decreed by the District Judge, Bhagalpur, acting as the Motor Accident Claims Tribunal.

(2.) Bishwa Nath Prasad Saha who was a teacher in the Government Silk Institute, Nathnagar, Bhagalpur was crushed to death under the wheels of a jeep bearing number BRO 509 on Bhagalpur-Nathnagar road on 5-3-1974 at about 10 A. M. He was aged about 32 years at the time he met the fatal accident. At the time he was drawing a sum of Rupees 492/- per month in the scale of Rupees 335-555. He was due to retire at the age of 58 and had, therefore, still 26 years of service. The post was pensionable. His wife Smt. Bina Saha and three minor daughters who are respondents 1 to 4 in this appeal filed an application under Section Ho of the Act in the Court of Motor Accident Claims Tribunal, District Judge, Bhagalpur claiming a sum of Rs. 1,53,000/- as compensation. The Oriental Fire and Insurance Company was impleaded as opposite party No. 1 (defendant No. 1) and the appellant Om Prakash Dalmia was impleaded, as the owner of the jeep, as opposite party No. 2. The driver of the jeep whose name was not known to the petitioners was impleaded as opposite party No. 3. The appellant Om Prakash Dalmia did not appear be fore the Claims Tribunal. The Insurance Co. (opposite party No. 1) Respondent No. 5 filed a written statement stating inter alia, that the jeep BRO 509 stood in the name of one Prabesh Chandra Gupta. who was later on added as opposite party No. 4. The case was mainly contested by opposite party No. 1 (Resp. No. 5) the Insurance Company. It was stated on their behalf that the jeep belonged to one Prabesh Chandra Gupta in whose name the jeep had been insured with the Company. According to the Insurance Company if the jeep belonged to Om Prakash Dalmia the appellant (Opposite party No. 2) then there was no contractual relationship between Om Prakash Dalmia and the Insurance Company and, therefore, there was no liability on the Insurance Company to pay any compensation. Prabesh Chandra Gupta (Opposite Party No. 4) Resp. 7 in his written statement has stated that he has no concern with the jeep and, therefore, was not liable to pay any compensation.

(3.) Witnesses were examined on behalf of the claimants as also on behalf of opposite party Nos. 1 and 4. During the trial it transpired that the jeep was registered in the name of Om Prakash Dalmia in the office of the District Transport Authority, Bhagalpur. It was, however, insured with the Insurance Company by Prabesh Chandra Gupta. Opposite party No. 4 Respondent 7 on the basis of a proposal said to have been signed by Prabesh Chandra Gupta on 29-9-1973. On a consideration of the evidence adduced by the parties the learned Claims Tribunal came to the conclusion that opposite party No. 2 Om Prakash Dalmia, the appellant, was the owner of the vehicle and was, therefore, alone liable to pay the compensation to the petitioners-respondent numbers 1 to 4. The learned Claims Tribunal awarded a compensation of Rupees 50,000/- in the facts and circumstances of the case. Om Prtkash Dalmia has filed the present appeal against the decree passed against him by the Claims Tribunal.