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CHHATTISGARH HIGH COURT
Judge, J
Jila Antyavasayi Sahkari Vikas Samiti Maryadit Ambikapur v. Thibli Bai and Others
| Table of Content |
|---|
| 1. is the financer liable for the owner's death? (Para 1 , 2) |
| 2. details of the accident and claims by representatives. (Para 3 , 4) |
| 3. financer's role and liability discussed. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. ruling and conclusion on liability. (Para 12 , 13) |
1. The principal question involved in this appeal whether the financer of the vehicle would be liable to pay the amount of compensation for the death of driver - cum - owner of the vehicle.
2. This appeal is directed against the award dated 30.7.2002 passed by the Motor Accident Claims Tribunal, Surguja (Ambikapur) in Claim Case No. 6/2001 by which the liability to pay amount of compensation to the tune of Rs.1,55,000/- along with interest @ 9% per annum, has been fastened on the appellant / financer of the vehicle.
3. Facts necessary for disposal of this appeal are as under:
(3.1) The respondents / claimants being legal representatives of deceased Gopal Ram, who died in a motor accident on 27.4.1998, filed a claim application before the Claims Tribunal stating inter alia that Shri Gopal Ram, while driving the offending vehicle / tractor - trolley (unregistered), owned and being driven by himself, suffered deat
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