BISHNU KUMAR BAGARIA Vs. MD. SHAH JAHAN

JUDGEMENT

(1.) This appeal is preferred by the son of the owner of the offending vehicle against the judgment and award dtd. 27/2/2003 passed by 3rd Additional District Judge, Dumka in Title Claim Suit No. 15/97 whereby and whereunder a compensation of Rs.1,54,000.00 has been awarded for death of one Firoj in a motor vehicle accident.

(2.) Himmatsinghka and Company is the authorised agency of TELCO for the servicing of Tata vehicle at Dumka. On the date of incidence Tata Sumo bearing registration no. BR-12-8182 met with an accident when it was taken out of the workshop for trial run. As per the claimant's case the accident took place due to rash and negligent driving by Shankar Yadav who was driving the vehicle and the deceased being a mechanic of the workshop was also in the same vehicle.

(3.) The claim case has been preferred against the owner, driver and insurer of the vehicle.