SOUTH EASTERN COALFIELDS LTD. Vs. MADHURI KAUSHIK

JUDGEMENT

(1.) This appeal arises out of the award dated 29-6-2012 passed by Additional Motor Accident Claims Tribunal (for short "the Tribunal"), Bilaspur in Claim Case No. 77/2011 awarding compensation of Rs. 15,89,712 in favour of the claimants. Facts of the case in brief are that deceased Anil Kumar Kaushik was employed in SECL as dumper operator. On 18-4-2009, when two dumpers (having numbers 120 and 102) were operating in the mines, all of a sudden operator of dumper No. 120, which was at the front, applied the brake, the dumber No. 102, which was just behind, collided with it resulting in the death of Anil Kumar Kaushik.

(2.) Claim case was filed by the claimants claiming compensation of Rs. 79,27,566 inter alia pleading that at the time of accident, the deceased aged about 40 years was in the employment of SECL as dumper operator and he died due to rash and negligent operation of the offending dumper and, therefore, suitable compensation may be awarded to them.

(3.) Tribunal, after considering the averments made by both the parties, awarded a compensation of Rs.