SHIV KUMAR AGRAWAL Vs. MATIZAN BIBI

JUDGEMENT

(1.) THIS appeal by the owner of the vehicle is directed against the judgment and award dated 12. 12. 2007 passed by Fifth Additional District Judge-cum-Additional Motor Accidents Claims tribunal (F. T. C.), Dumka in Title Claims suit No. 55 of 2004, whereby the Tribunal has awarded Rs. 3,19,000 as compensation and held that the appellant-owner of the vehicle is liable to pay the said compensation.

(2.) THE claimants-respondents, who are the widow and four minor children filed the claim application under section 166 of the Motor Vehicles Act, 1988, for grant of compensation of Rs. 9,00,000 (rupees nine lakh) for the death of Md. Kadir Ansari in a motor accident.

(3.) THE facts of the case in brief are that the deceased Md. Kadir Ansari was driving a Tata truck 407 bearing registration no. BR 40-5442. One Motilal Rai, son of mahadeo Rai had informed the police that at about 1 p. m. while he was going on a motor cycle, he saw one 407 truck bearing aforesaid registration number coming from the other side in a very rash and negligent manner and dashed one scooter and finally the truck dashed with a big mango tree. Due to the said accident, the driver of the truck died. One of the injured was cleaner of the truck, namely, Reyaz Ansari. On the information of Motilal Rai, Dumka P. S. Case No. 83 of 2004 was instituted.