VINOD KUMAR Vs. NIRMALA DEVI

JUDGEMENT

(1.) SHRI Vinod Kumar, driver and his father Shri Ram Chand, transferee of the vehicle in question have filed the present appeal invoking the Appellate jurisdiction of this Court under Section 173 of the Motor vehicles Act, 1988 (for short 'the Act'), challenging the legality, validity, propriety and the correctness of the Award dated 30-9- 2004 passed by the Motor Accident Claims tribunal (II), Una, H. P. in MAC Petition No. 59 of 2001 titled as Nirmala Devi v. Vinodkumar.

(2.) SMT. Nirmala Devi, respondent No. 1 herein (in short claimant), filed a petition under Section 166 of the Motor Vehicles Act, claiming compensation for the death of her daughter Ms. Sharmila Devi, aged 17 years, who died in an accident with Maruti Car No. DAQ-1638 on 7-5-2001. Compensation of rs. 10 lacs was claimed.

(3.) SHRI Vinod Kumar (in short the driver)while admitting that he was driving the vehicle in question at the relevant time denied any negligence and further pleaded that he was engaged as driver by the transferor Shri iqbal Singh (in short the transferor), respondent No. 2 herein.