RAJESH KUMAR Vs. MAHENDRA SINGH

JUDGEMENT

(1.) The appellant owner has filed the present misc. appeal challenging the judgment and award dated 19.6.2004 passed by the learned Motor Accident Claims Tribunal, Udaipur in Claim Case No.401/2003 whereby it awarded Rs.57,700/- to the claimants.

(2.) Learned counsel for the appellant owner has made submission defending his liability to pay the award amount. In support of his submission, learned counsel for the appellant/owner has relied upon the 3 Judges Bench judgment of the Hon'ble Supreme Court in the case of Mukund Dewangan vs. Oriental Insurance Co. Ltd. Reported in 2017(2) ACTC (SC) 692. The relevant portion of the judgment reads as follows :-

(3.) Heard learned counsel for the parties and perused the material available on record as well as aforesaid precedent law.