CAV Judgment

02. As per claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (in short “the Act of 1988”), on 13.11.2008 at about 5.30 am Gurudayal Sahu was going from Village-Aaurethi to SKS Steel Pvt. Ltd. Company, Siltara on a motorcycle in connection with his work. However, near village Bhumiya main road, non-applicant No.1 Khurshid Khan driving the vehicle Bus bearing registration No. CG 04 E 1536 (hereinafter referred to as “the offending vehicle”) in a rash and negligent manner dashed his motorcycle from behind as a result of which Gurudayal Sahu suffered grievous injuries and succumbed to the same on the spot. On information being received, the police registered offence under Section 304A of IPC against non-applicant No.1.

03. Non-applicants No.1 & 2 in their joint written statement contended that on 3.11.2008 no accident was caused by the offending vehicle. The police filed a forged and fabricated charge sheet against non-applicant No.1. The offending vehicle was duly insured with non-applicant No.3, therefore, liability, if any, of paying compensation is of non-applicant N