RAJESHWARI Vs. RASOOL MOHAMMED

JUDGEMENT

(1.) Appellants / Claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 challenging the impugned award dated 26.08.2014 passed by the Motor Accidents Claims Tribunal, Korba (for short, 'Claims Tribunal') in claim case-126 of 2009 whereby learned Claims Tribunal dismissed the claim application as not maintainable.

(2.) Facts relevant for disposal of this appeal are that Mahettar Singh was working with SECL, Dipka Coal Mines 2 on the post of EPGH. On 08.06.2009, at about 1.50 am Mahettar Singh along with other co- employees was attending electrical defect at savel No.139 at Coal Mines 2. Mahettar Singh was handing over the articles / equipments from ground to upside, while so one dozer No. 11015 (hereinafter, referred to as 'offending dozer') driven by NA-1 rashly and negligently knocked down Mahettar Singh and caused accident. In the said accident, Mahettar Singh suffered grievous injuries over his person, his right leg was separated and he became unconscious on spot. He was taken to Shatabdhi Hospital, Gevra where doctor examined Mahettar Singh and declared him brought dead.

(3.) Claimants who are widow and children of deceased Mahettar Singh filed application under Section 166 of the Act of 1988 seeking compensation of Rs.5,35,000/- pleading therein that on the date of accident deceased was earning Rs.27,000/- per month while working as EPGH with SECL.