SURYA PRAKASH SHARMA Vs. JAMIRA KHATUN

JUDGEMENT

(1.) Appellant -owner of Truck bearing registration No.CG04/Z/2498 (for short 'offending truck') has filed this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short 'Act of 1988') challenging the impugned award dtd. 25/3/2014 passed by learned Additional Motor Accident Claims Tribunal, Bemetara, Distt. Bemetara (for short 'the Tribunal') in Claim Case No.81/2012, whereby the Tribunal partly allowed application filed under Sec. 166 of the Act of 1988; awarded a sum of Rs.4,77,000.00 as total compensation in a fatal accident case and fastened liability upon non-applicant Nos.1 & 2.

(2.) At the outset, learned counsel for the appellant submitted that he is not challenging quantum of amount of compensation but only challenging the liability fastened upon appellant to satisfy the amount of compensation. Hence, this appeal is being heard in absence of service of notice upon respondent Nos.1 to 6/Claimants.

(3.) Facts relevant for disposal of this appeal are that Mubarak Khan (deceased) and Non-applicant No.1 were working as 'Driver' and Cleaner-cumHelper-cum-Conductor respectively under non-applicant No.2-owner of offending truck. On 30/6/2011, they were going towards Raipur from Dipka Coal Mines after loading coal on offending truck. When they reached near Mohaline turn at Narayanpur, some mechanical fault occurred in the compressor of offending truck. After parking offending truck on the side of road, driver Mubarak Khan went beneath offending truck to check the defect, he asked non-applicant No.1 to start the truck and as soon he started the truck, it started moving and ran over driver Mubarak Khan. In this incident, driver Mubarak Khan suffered grievous injuries and died on spot. Accident was reported to the concerned Police Station based upon which crime was registered against non-applicant No.1.