TRIBAL WELFARE COMMISSIONER Vs. ANJU DEVI

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. Rajesh Lala and learned counsel for the respondent no.7, Rishi Bharti.

(2.) The instant Misc. Appeal has been preferred by the appellant- Tribal Welfare Commissioner (O.P. No.1) against the Award dtd. 8/3/2018, passed by the learned Presiding Officer, Motor Vehicle Accident Claim Tribunal, Ranchi in Motor Accident Claim Case No.48/2010 whereby the claimants, namely, 1. Anju Devi, 2 Pratibha Kumari, 3. Nirmala Kumari, 4. Kalpana Kumari and 5. Sangita Kumari, all R/o Village- Pushu, P.O. and P.S. Pithoria, District Ranchi, have been awarded compensation to the tune of Rs.19,80,544.00 along with interest @ 9% per annum from the date of admission of the claim application under Sec. 166 of the MV Act i.e. 14/8/2015 till its realization. The Award has been passed against the Tribal Welfare Commissioner, Ranchi being O.P. No.1 before the learned Tribunal and Group leader (GL) namely, Shiva Oraon and nine others (O.P. No.3) are jointly and severally liable to pay the compensation to the claimants. However, the Tribal Welfare Commissioner has been given right to recover the compensation amount against the joint co-owners of the offending bus after satisfying the awards to the claimants with regard to their share, not with regard to share of compensation awarded against the Tribal Welfare Commissioner, Ranchi.

(3.) Learned counsel for the appellant, Mr. Rajesh Lala has assailed the impugned award on the ground that the learned Tribunal failed to appreciate the fact, that under valid agreement, the actual control of the bus was with group of ten Tribals under Group leader, Shiva Oraon. The driver of the offending bus was under their control, directions and commands and they were earning profit from the business and thus they were the owners of the bus for the purpose of Sec. 2(30) of the Motor Vehicle Act, 1988.