Decided on February 12,2021

Narayan Debnath Respondents


Akil Kureshi,J. - (1.) This appeal is filed by the owner of the vehicle and another person, who was alleged to be driving the vehicle at the time of accident. They have challenged an award dated 16.12.2019 passed by the Motor Accident Claims Tribunal, Gomati District in T.S. (MAC) No.67 of 2018 awarding compensation of Rs.1,17,600/- to the respondent No.1 herein.
(2.) Brief facts are that according to the respondent No.1-claimant on 17.11.2016, he was knocked down by a motor cycle bearing registration No.TR-03-E-5306, which was owned by the appellant No.1 and at the time of accident being driven by appellant No.2. On account of physical injuries received by him, he filed the claim petition against the owner, driver and the insurer of the vehicle. Before the Claims Tribunal, the appellants strongly disputed the involvement of the vehicle as well as the allegation that it was being driven by appellant No.2. They also led evidence by examining witnesses. The Claims Tribunal, however, did not accept such defence and awarded a compensation of Rs.1,17,600/-. On the ground that the appellant No.2 was driving the vehicle without valid license, the Tribunal directed the insurance company to deposit the awarded amount but permitted to recover it from the appellants.
(3.) I have perused the evidence on record with the assistance of learned counsel for the appellants. Though served, no one appeared for the respondent No.1-original claimant. The record would suggest that after the accident, an FIR was lodged by the son of the injured before the nearby police station on 25.11.2016 in which the registration number of the vehicle given was TR-03-E-5308. The police, however, had filed a charge sheet involving the vehicle with Registration No.TR-03-E-5306 and alleged that such vehicle was driven by the appellant No.2 at the time of accident.;

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