OM PRAKASH GOYAL Vs. BHIKHARI DHARWAR

JUDGEMENT

(1.) THIS appeal by the appellant who is owner of the vehicle is directed against the judgment and award dated 6th July, 2004 passed by motor Accident Claims Tribunal, Gumla in mjc Case No. 38/99 whereby he was awarded a sum of Rs. 6,80,000/- by way of compensation and directed the Insurance company to pay the said compensation amount and recover the same from the owner of the vehicle.

(2.) THE facts of the case lie in a narrow compass:

(3.) RESPONDENT-INSURANCE Company with whom vehicle was insured appeared and contested the case by filing written statement stating inter alia that the driver of the offending bus was not having valid driving licence so the owner of the bus is liable to pay the entire compensation amount. The appellant who is owner of the vehicle filed written statement and took defence that vehicle was comprehensively insured with the National insurance Company Limited but denied that accident was due to fault of driver. It was pleaded that deceased forcibly entered into the bus before the bus was stopped, as a result of which he sustained injury.