- (1.) Heard and also perused the materials on record.
(2.) This appeal has been brought against the judgment and award dated 31.1.2005 passed by the learned Addl. District Judge, Court No. 8, Motor Accident Claims Tribunal, Azamgarh in M.A.C. No. 162/94, Awadhesh Kumar Yadav v. Uma Shanker Rai & Ors., whereby awarding Rs. 32,000 towards compensation for the injuries sustained by the victim, respondent No. 1. It is said that the learned Tribunal has not properly appreciated the evidence on record. Though there is no dispute with regard to the injuries sustained by the victim in an accident with Jeep No. UHX 6814, which was attached with the Block Development Officer. That jeep was unauthorisedly taken by Mr. Uma Shankar Rai, the driver of that jeep without permission of the Block Development Officer. He met with an encounter with the terrorist. The terrorist had taken away that jeep. The accident had taken place with that jeep in the control of the Block Development Officer of the State Government. The victim sustained fracture of one leg and that was also subsequently plastered. He did not suffer any deformity. In that background whatever the compensation was given that was exorbitant.
(3.) Suffice it to mention that the accident had taken place with the jeep in question and there is also a categorical finding of the Trial Court based on evidence that the jeep was being driven rashly and negligently. That accident caused grievous injuries to the victim. There is no such finding that the jeep was looted by the terrorist. Even otherwise the State continued to be the owner of the jeep. Even if the driver had taken that vehicle without permission of the Block Development Officer for that he could be held responsible in the departmental inquiry. Since the official concerned retired, liability of the State Government cannot be dispensed in the given circumstances of the case. The learned Tribunal has rightly worked out the liability of the compensation in the tune of Rs. 32,000 which does not require any interference. The witnesses were also cross-examined but nothing could be inferred from the side of the State Government to discard the testimony of the witnesses. I do not find any justified and justifiable ground to interfere in the finding of the learned Tribunal. In the result this appeal is dismissed. Let the amount deposited under Section 173(1) of the Motor Vehicles Act be remitted to the Tribunal which shall be paid to the claimant and for the rest of the amount execution proceedings shall proceed.;