SHAMMI KUMAR Vs. PUKHRAJ

JUDGEMENT

(1.) A brief background of the aforesaid appeals under Sec. 173 of the Motor Vehicles Act, 1988 is that on 19/7/2005 a rash and negligent Truck bearing Regn. No.GJ-8U-1400 driven by respondent no.1 Banshi, first dashed against a motor-cycle rider causing his death; thereafter against an Auto-riksha causing injuries and lastly against a Jeep bearing Regn. No.RJ-24T-0867. Two persons including Gopal Soni died in incident. The dependents of Gopal Soni brought Claim Case No.136/2005. Gopal Soni was sitting in the Jeep. Some of the occupants of Jeep had sustained personal injuries/ serious injuries/ permanent disablement. They filed separate claim cases. Injured Pukhraj filed Claim Case No.96/2005. Injured Iqbal Khan filed Claim Case No.103/2005. Injured Harish filed Claim Case No.114/2005 and the learned Motor Accident Tribunal decided all the aforesaid claim cases alongwith some other claim cases by other victims of the accident by the impugned judgment and award dtd. 12/6/2008 and made certain awards in favour of the claimants. The learned Tribunal found that the driver of the offending truck had no driving licence, hence, the Insurer-respondent was directed to pay compensation to the claimants and to recover from the owner of the offending vehicle.

(2.) The owner of the offending vehicle being aggrieved by the directions of pay and recovery filed above S.B. Civil Misc. Appeal No.4112/2011 only in the matter of Claim Case of Pukhraj. Pukhraj had also filed above-mentioned Misc. Appeal No.1242/2008 challenging the quantum of compensation awarded in his favour.

(3.) The same owner has not challenged the award made in favour of other claimants with the same direction of right to pay and recover by the Insurer. It would be appropriate to decide appeal of owner of offending vehicle first as that would have repercussion and effect on other appeals as well.