BRIJESH CHANDRA DOBARIYAL Vs. LAXMI DHYANI

JUDGEMENT

(1.) Heard Mr. Vinayak Pant, the learned counsel for the appellant who happens to be the opposite party no. 1 before the Motor Accident Claims Tribunal being owner of the vehicle. Respondent nos. 1 to 4 are claimants and respondent no. 5 is the Insurance Company.

(2.) The appellant herein challenges the judgment passed by the learned Presiding Judge, Motor Accident Claims Tribunal dismissing the claim against opposite party no. 5, and allowing the petition of the claimants directing present appellant being owner of the vehicle to pay a sum of Rs.7, 79, 600.00 (Rupees seven lakh seventy nine thousand and six hundred only) to the claimants along with simple interest @ 7% per annum from the date of presentation of the claim petition before the Tribunal.

(3.) The claimants preferred this appeal under Sec. 166 of the Motor Vehicle Act, hereinafter referred to as the MV Act for brevity, on the averments that deceased Subhash Kumar was travelling in Truck No. UA12-6266 on 17/7/2007, on that day, at about 5:30 p.m., while the vehicle was 2 km away from Gram Kandoli, it met with an accident because of rash and negligent driving of the driver of the vehicle and fell in the gorge resorting into the death of the deceased. At the time of the incident he was 50 years old, he was working as Class IV employee in Public Inter College, Sauli, and, therefore, his widow and three children claimed a sum of Rs.8,40,000.00 towards compensation.