PROPRIETOR KRISHNA AUTO RIDER PVT. LTD. Vs. RAMDEEL RAJWADE

JUDGEMENT

(1.) The instant appeal has been preferred against award dtd. 29/6/2016 passed by 1st Additional Motor Accidents Claims Tribunal, Ambikapur, District Surguja in Case No.45 of 2014, whereby the Claims Tribunal has passed the award of Rs.4,18,800.00 in favour of the Claimants/Respondents 1 and 2 and fastened liability to satisfy the award on the proprietor/owner of the offending vehicle, i.e., the Appellant.

(2.) Claimants/Respondents 1 and 2 filed a claim petition under Sec. 166 of the Motor Vehicles Act on the ground that on 1/12/2013 driver of the offending vehicle/Respondent 3 was driving the offending vehicle in a rash and negligent manner and all of a sudden one tyre of the vehicle got punctured and the vehicle lost its control and turned down. At that time, Bhuneshwar Prasad Rajwade was sitting in the vehicle and due to the accident he sustained injuries and died on the way to hospital. It is further pleaded that the vehicle was a demo car which was coming from Vishrampur to Ambikapur after giving demo/test drive of the car to one customer. The Appellant was the registered owner of the said demo car.

(3.) The driver of the offending vehicle/Respondent 3 filed his written statement and denied all the allegations levelled on him. It was especially pleaded by him that he was having a valid and effective driving licence and the vehicle was insured with Respondent 4/Bajaj Allianz General Insurance Company Limited. Hence, if any liability arises to pay compensation that should be fastened on Respondent 4.