SITARA KHATOON Vs. NEELWATI TRANSPORT

JUDGEMENT

(1.) THIS appeal by the claimants -appellants is directed against the judgment and award dated 2.8.2002 passed by Motor Accident Claims Tribunal, Dhanbad in Title (MV) Suit No. 4/2000, whereby he has awarded a sum of Rs. 1,70,000/ - as compensation and directed the owner of the vehicle to pay the said amount of compensation.

(2.) THE facts of the case lie in a narrow compass. The claimants case is that the tracker in which the deceased was employed as a driver was parked by the side of the road. Meanwhile a truck bearing registration No. BR 16G 5857 coming in a very high speed dashed the tracker, as a result of which the driver of the tracker namely Md. Azad succumbed to the injury. The truck was owned by the respondent No. l whereas respondent No. 2 was the insurer of the truck. The tribunal, after hearing the parties and considering the evidence, came to the conclusion that the deceased Md. Azad was the Khalasi in the tracker and the driver of the truck was not holding a Arun Choudhury Versus State Of Jharkhand valid driving licence to drive the heavy motor vehicle. Consequently, the Tribunal fastened the liability upon the owner of the vehicle.

(3.) AFTER dismissal of the cross objection the respondent -owner of the vehicle filed a regular appeal being M.A. No. 110/2007, which was also dismissed on 12.6.2007.