SANTOSH KUMAR MONDAL Vs. BAJAJ KISKU

JUDGEMENT

(1.) THIS appeal by the appellant -owner of the vehicle is directed against the judgment and award dated 27.8.2005 passed by Motor Vehicles Accident Claims Tribunal, Pakur in Claim Case No. 30/2003 whereby the Tribunal has awarded compensation of Rs. 1,42,000/ - and held that the appellant -owner of the vehicle is liable to pay the said compensation amount.

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

(3.) THE Tribunal framed various issues including issue No. 4 as to whether the deceased died due to rash and negligent driving of the vehicle or due to willful conduct and deliberate act of the khalasi of the offending vehicle. While deciding this issue the Tribunal relied upon the FIR in which it is mentioned that the khalasi pushed down the deceased from the running bus. The Tribunal, therefore, on the basis of the FIR held that the deceased died due to his pushing down by the khalasi from the running bus and not due to rash and negligent driving of the vehicle. On the basis of this finding the Tribunal held that the Insurance Company has no liability. Consequently award against the appellant -owner of the vehicle was passed.