LAWS(MPH)-1993-6-22

KANTILAL Vs. MANOHAR LAL

Decided On June 24, 1993
KANTILAL Appellant
V/S
MANOHAR LAL Respondents

JUDGEMENT

(1.) THIS Misc. Appeal filed under Section 110(d) of the Motor Vehicles Act, is directed against the award dated 29.6.81 passed by the Member, Motor Accident Claims Tribunal, Ujjain in Claim Case No. 66/77.

(2.) SHORN of the details, the facts of the case are-That the deceased Chotelal was an agriculturist. He was knocked down by a car bearing registration No. MMB-1143 at 8.30 p.m. on 12.7.77 near Village Pandyakhedi, Tahsil Ujjain. The respondents presented a claim petition on 27.10.77 claiming compensation of Rs. 50,252.50. This claim was resisted by the appellant. His main defence was that he was neither the owner nor the driver of this vehicle. On evaluation of the evidence, the Tribunal held the appellant liable and awarded the compensation of Rs. 20,250/- together with interest at the rate of six percent per annum from the date of the application. Aggrieved by this award, the appellant has preferred this appeal.

(3.) THE main grievance of the appellant is that the Tribunal has erred in holding that the appellant was driver of the vehicle, in question on the relevant time. He took me through the evidence and the reasons furnished to reach such a conclusion.