- (1.) THIS appeal by the appellant who is owner of the vehicle is directed against the judgment and award dated 6th July, 2004 passed by motor Accident Claims Tribunal, Gumla in mjc Case No. 38/99 whereby he was awarded a sum of Rs. 6,80,000/- by way of compensation and directed the Insurance company to pay the said compensation amount and recover the same from the owner of the vehicle.
(2.) THE facts of the case lie in a narrow compass: On 19th November, 1998, deceased pramod Kumar Dhanwar was coming from chainpur Circle Office, Chainpur where he was working as clerk. As soon the deceased reached near Chainpur Block turning the alleged vehicle (bus) came from Dumri to ranchi in a high speed and dashed the deceased, due to which he died on the spot. It was stated that driver did not stop the bus there on the side of the accident and fled away with bus and parked it at Chainpur police Station. Claimant's case was that deceased was working in the Circle Office as revenue Karamchari and was earning rs. 4,079. 50 paise per month as his salary.
(3.) RESPONDENT-INSURANCE Company with whom vehicle was insured appeared and contested the case by filing written statement stating inter alia that the driver of the offending bus was not having valid driving licence so the owner of the bus is liable to pay the entire compensation amount. The appellant who is owner of the vehicle filed written statement and took defence that vehicle was comprehensively insured with the National insurance Company Limited but denied that accident was due to fault of driver. It was pleaded that deceased forcibly entered into the bus before the bus was stopped, as a result of which he sustained injury.;