YASHWANT TAK Vs. ABIDA

JUDGEMENT

(1.) The instant Civil Misc. Appeal has filed under Section 173 of the Motor Vehicles Act on behalf of the appellant, driver/owner of the offending vehicle, i.e., Tempo bearing registration No. RJ-10/PA 2911, against the judgment and award dated 27.09.2014 passed by the learned Judge, Motor Accident Claims Tribunal, Ratangarh, District Churu in Claim Case No. 44/2011 titled as "Mohd. Ayub and Ors. Vs. Yashwant Tak and Anr." whereby, the learned Tribunal has awarded a sum of Rs.6,23,000/- in favour of the claimants and the appellant was ordered to pay the compensation, while exonerating the Insurance Company of its liability to satisfy the award.

(2.) Briefly put the facts of the case giving rise to this appeal are that on the fateful day of 04.12.2011 at 5:45 p.m. when the deceased Mohd. Jabid @ Bablu S/o Mohd. Ayub was going to Bidasar then, on Khanpur road, the tempo in question coming from Sujangarh driven rashly and negligently, hit the motorcycle and as a result of the accident, Jabid @ Bablu, who ride the motorcycle, sustained injuries on his head and succumbed to death; the driver of the tempo was Yashwant Tak; the head lights of the tempo were not on; in this accident, Akbar AN and Khalil were also injured; FIR No. 260/2011 in regard to this accident was lodged at Police Station Ladnu. It was also stated that the deceased was 22 years in age and earned Rs.12,000/- per month. In the accident, the watch was also broken, expenses was also incurred in treatment; the owner and driver of tempo was non-applicant No.1 Yashwant Tak.

(3.) In reply filed on behalf of the non-applicant No.1 Yashwant Tak, most of the facts were not admitted and reply of denial was filed by the appellant. It was submitted that the claim petition is not presented in prescribed proforma; it was also submitted that the vehicle was driven as per the terms of the insurance policy and, therefore, Insurance Company is liable. It was lastly submitted that the claim petition may be dismissed.