RAJ KAMAL PRASAD Vs. MOSAMMAT BINDU DEVI

JUDGEMENT

(1.) THIS appeal by the appellant/owner of the motor vehicle, is directed against the judgment dated 10.8.1999 and Award dated 17.8.1999 passed by the Motor Accident Claims Tribunal, Pakur in (M. V) Title (Claim) Suit No. 4/3 of 1997, whereby the Tribunal had awarded a total compensation of Rs. 1,12,800.00 payable to the claimants/respondents 1 to 3 and had apportioned the compensation amount between the owner of the vehicle and the Insurance Company directing the owner of the vehicle to pay half of the awarded amount.

(2.) THE claim for compensation was preferred by the claimant widow of the deceased Surendra Prasad Bhagat for herself and for her two minor children. The facts on the basis of which the claim was preferred, was that the deceased Surendra Prasad Bhagat was travelling by maxi -taxi bearing registration No. B.R. -36 -6585 on 24.11.1996. The taxi was loaded with passengers and some of whom were sitting on the roof top. Due to negligent and rash driving of the vehicle by its driver (respondent No. 4), the vehicle turned turtle, resulting in fatal injuries to two persons including the deceased husband of the claimant and khalasi of the taxi, besides injuries to several other persons.

(3.) THE Tribunal, after discussing the evidences adduced by the parties, has recorded its finding that no evidence was brought on record to confirm that the driver of the vehicle did possess a valid driving licence for driving the vehicle on the date of accident. The Tribunal has also recorded its finding that accident had occurred on account of rash and negligent driving of the vehicle by the driver of the vehicle and not on account of any mechanical failure of the vehicle. On such finding, the Tribunal had held that the owner of the vehicle is liable to contribute for the payment of compensation and since the vehicle was covered under the valid policy of insurance, the Insurance Company is also liable to pay the compensation. Accordingly, the Tribunal after assessing the total amount of compensation on the basis of evidences adduced in respect of earning of the deceased, had assessed the total payable compensation at Rs. 1,12,800.00 and had directed the owner / appellant to pay half of the said amount to the claimant.