As per Hon'ble Shri I.M. Quddusi, J. -

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed against the award of Chief Motor Accident Claims Tribunal, Mahasamund (in short "the Tribunal"), dated 9.1.2007 passed in Claim Case No. 67/06, by the appellant, who was driver of the vehicle - two-wheeler, insofar as the Tribunal has fastened the liability exclusively upon the appellant/driver to pay compensation to the pillion rider-deceased, who was owner of the two-wheeler.

2. Brief facts of the case are that on 28th December, 2005, in between 7.30 pm and 9.00 pm, the appellant was driving the motorcycle, Hero Honda bearing registration No. C.G 06/8557, of deceased Gopal Singh Chauhan, Branch Manager of District Co-operative Central Bank, Chhura, who was sitting a pillion rider. While they were returning from Pandka to Chhura after inspection of the funds of paddy purchase, the appellant was driving the vehicle rashly and negligently and since he was drunk, he lost his control and caused the accident, as a result of which Gopal Singh Chauhan sustained injuries and the appellant left him there injured and returned to Chhura. However, when the witnesses brough