HANS RAJ BHAGAT Vs. STATE

JUDGEMENT

(1.) One Ramesh Kumar, sustained fatal injuries in a road accident allegedly due to the rash and negligent driving by the driver of the vehicle [Tractor] and finally succumbed to the injuries. Petition for compensation under Section 166 of Motor Vehicle Act [for short the Act] has been filed by the respondents (widow and son of the deceased). Along side an application under Section 140 of the Act has also been filed, which has been disposed of by the Tribunal vide its order dated 22nd of July 2009 where under an amount of Rs. 50,000/- as interim compensation has been granted on the basis of No Fault Liability . The owner of the vehicle has been fastened with the liability to pay the said amount with a condition that finally if he proves liability of the Insurance Company, then shall have the right to recover the said amount from the Insurance Company. Why Insurer (Insurance Company) respondent no.1 has not been asked to pay the compensation of Rs. 50,000/- is reflected in the order where it is stated that the license of the driver of offending vehicle was endorsed for P.S.V in the year 2002, which was required to be renewed after three years but had not been.

(2.) It is now the owner of the offending vehicle who has filed the instant Revision Petition, projecting the grievance only to the limited extent i.e., fastening of the liability to pay the compensation.

(3.) Learned counsel for the respondent no.1 [Insurer] questioned the maintainability of the Revision Petition on two counts:-