FAO No. 3775 of 2007 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 3775 of 2007 (O&M) Date of decision: 10.02.2010 Rajinder Kumar ....Appellant Versus Shivalik Public School, Muktsar road, Jaitu, and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. G.S. Sandhu, Advocate, for the appellant. ***** VINOD K. SHARMA, J (ORAL) CM No. 17863-CII of 2007 This application under Order 41 Rule 27 read with Section 151 of the Code of Civil Procedure, has been moved for permission to place on record Annexure P1 i.e. the Certificate of lease/rent issued by the Shivalik Public School and Annexure P2 identity card issued to the driver of the van in question. In support of the application, the learned counsel for the applicant contends, that the documents now to be produced by way of additional evidence, are necessary for adjudication of the dispute and helpful for pronouncing judgment. The bus in dispute was leased to Shivalik Public School, therefore, the applicant-appellant could not be fastened with the liability of payment. On consideration, I find no force in this contention. The liability to pay is that of the registered owner and merely by leasing out FAO No. 3775 of 2007 (O&M) -2- of the bus, the liability could not be avoided. Even otherwise, the documents sought to be produced were available to the applicant- appellant or could be found out with due diligence, when the evidence was being led before the learned Tribunal. Nor the evidence can be said to be necessary for adjudication of the case. No ground for additional evidence is made out. Dismissed. FAO No. 3775 of 2007 This appeal is directed against the award dated 5.6.2007, passed by the learned Motor Accident Claims Tribunal, Faridkot, allowing claim petition filed under Sections 166/170 of the Motor Vehicles Act, for grant of compensation on account of death of Damanjit Singh in a road accident. The offending bus was not insured, the liability of compensation, therefore, has been fixed on the appellant. On appreciation of evidence, the learned Tribunal recorded a positive finding, that Damanjit Singh died on account of motor vehicular accident on 21.12.2005, due to rash and negligent driving of the offending vehicle, which was being driven by respondent No.2. The claimants were held entitled to compensation. The appellant does not challenge the award on merits, and the only contention raises is, that liability on the appellant has been wrongly fixed, as the bus was not being run by him or his employee, as the offending vehicle was on lease with a school. Application for additional evidence moved by the appellant in support of this assertion, stands dismissed by this Court today. FAO No. 3775 of 2007 (O&M) -3- It is now well settled that, it is the registered owner who is liable to pay for the tortuous act of his employee. Once, it is not in dispute that the appellant was the registered owner of the bus, no fault can be found with the order passed by the learned Tribunal, fixing the liability on the appellant. No merit. Dismissed. (Vinod K. Sharma) Judge February 10, 2010 R.S.