RAVI KU SAHU Vs. KAILASH

JUDGEMENT

(1.) This appeal has been preferred by the appellant-Owner of the 'light goods vehicle' (TATA 207 -Pick Up) bearing registration No.CG04-J-6901 (for short 'the offending vehicle'), being aggrieved of the Award passed by the Additional Motor Accident Claims Tribunal (for short 'the Tribunal') in Claim Case No.27/2011, whereby the liability in respect of the person, who was travelling in the vehicle and had sustained fatal injuries ultimately leading to his death, has been ordered to be satisfied by the appellant-Owner of the vehicle, after exonerating the Insurer.

(2.) Heard Mr. H.S. Ahuluwalia, learned counsel for the appellant and Mr. Deepak Gupta, learned counsel for the respondent/Insurance Company.

(3.) The factual matrix, as pleaded by the appellant, reveals that, on 18.2.2011, the 'appellant/owner' himself was driving the vehicle and while so, the deceased, by name Maniram Nishad, who was standing on the side of the road sought a 'lift', which was given by the appellant and accordingly, he was travelling in the said goods carriage, which was admittedly not carrying any goods at the relevant time. While proceeding along the road, the appellant lost control over the vehicle and hit against a tractor which was lying/parked ahead. As a result, Maniram Nishad sustained fatal injuries, who finally succumbed to the same; in turn, leading to the claim petition filed by the legal representatives.