BANWARI LAL Vs. ROSHNI

JUDGEMENT

(1.) Appellant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act') challenging judgment and award dated 12.05.2015, passed by Motor Accident Claims Tribunal, Bhadra, District Hanumangarh (for short, 'learned Tribunal'). By the said judgment and award, the learned Tribunal, while quantifying and awarding compensation to the respondent-claimants, has exonerated the insurer and respondent No.6 present owner of the offending vehicle from its liability and has held liable the appellant and driver Banwari Lal to pay compensation jointly and severally.

(2.) .The facts, apposite for the purpose of this appeal are that on 30th of April 2007, deceased Nagar along with other labourers was traveling in Canter vehicle bearing Registration No.RJ-23G-0693 after loading wheat jute bags. When the said vehicle reached near 22 ML, the vehicle turned turtle on account of its plying by its driver rashly and negligently. Due the said accident, Nagar suffered serious injuries and was hospitalized in Sreeram Hospital, Sri Ganganagar where he died during treatment on 20.06.2007. For claiming compensation, legal heirs of deceased Nagar filed claim petition under Section 166 of the Act before the learned Tribunal.

(3.) Upon service of notice, appellant, claiming himself to be the earlier owner of the offending vehicle filed written statement and averred that he had already sold the vehicle to one Vishnu Dutt on 23.03.2007 and has no concern with the vehicle, hence not liable to pay any compensation. Vishnu Dutt, Non-claimant No.2A also filed written statement and averred that at the time of accident he was not owner of the vehicle and has been wrongly arrayed as a party to the claim petition.