- (1.) THIS appeal by the appellant -owner of the vehicle is directed against the judgment and award dated 27.8.2005 passed by Motor Vehicles Accident Claims Tribunal, Pakur in Claim Case No. 30/2003 whereby the Tribunal has awarded compensation of Rs. 1,42,000/ - and held that the appellant -owner of the vehicle is liable to pay the said compensation amount.
(2.) THE facts of the case lie in a narrow compass: The claimants -respondents, who are the widow, sons and daughters of the deceased, Pradhan Marandi, filed a claim application under Section 166 of the Motor Vehicles Act for grant of compensation on account of death of Pradhan Marandi while he was travelling in a bus which met with an accident. Claimants case was that on the relevant date the deceased was travelling in the offending vehicle bearing registration No. BR -12 -9985. The driver of the bus was driving the vehicle so rashly and negligently that the deceased fell down from the bus near Amrapara police station and died. The respondent -Insurance Company, after taking permission of the Tribunal, contested the case on all the grounds by filing written statement stating, inter alia, that the claim case was a collusive one. As a matter of fact, the claimant was set up by the driver, conductor and khalasi of the offending vehicle and claim case was filed in order to save their own skin. Respondents' further case is that neither in the FIR nor in the charge -sheet it was disclosed that the death of the deceased resulted from an accident arising out of rash and negligence driving of a motor vehicle, rather, it was disclosed that the khalasi of the vehicle pushed down the deceased, Pradhan Marandi from the running vehicle due to which he died.
(3.) THE Tribunal framed various issues including issue No. 4 as to whether the deceased died due to rash and negligent driving of the vehicle or due to willful conduct and deliberate act of the khalasi of the offending vehicle. While deciding this issue the Tribunal relied upon the FIR in which it is mentioned that the khalasi pushed down the deceased from the running bus. The Tribunal, therefore, on the basis of the FIR held that the deceased died due to his pushing down by the khalasi from the running bus and not due to rash and negligent driving of the vehicle. On the basis of this finding the Tribunal held that the Insurance Company has no liability. Consequently award against the appellant -owner of the vehicle was passed.;