HOLU RAM NISHAD Vs. ISHAK MOHMMED

JUDGEMENT

(1.) <DJG>FAKHRUDDIN,J.</DJG> The appellants/claimants who are the father and mother of deceased Shreedeh have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988, against the order dated 25-2-2003, passed by the learned Additional Motor Accident Claims Tribunal, Bemetara, District Durg in Claim Case No. 23 of 2002.

(2.) The appellants/claimants have filed an application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") before the learned Claims Tribunal claiming compensation of Rs. 10,00,000.00and another application under Section 140 of the Act for no fault liability, which have been rejected by the learned Claims Tribunal.

(3.) Brief facts of the case are that on 28-3-2002 at about 3.00 p.m. a truck bearing Registration No. MPC/1909, renewed No. CG-04/ZC-2282 was parked near the house of one Hakim Baeg in a narrow lane of Village Mauoo. Respondent No. 1 was the driver and respondent No. 2 was the conductor of the said truck. Respondent Nos. 1 and 2 negligently without taking due care opened the side panel of the truck for unloading the stones (Boulders). At that time deceased namely Shreedeh, aged about 5 years was passing near the truck and the boulders fell on his head as a result of which he sustained fatal injuries and became unconscious. Thereafter, he was admitted to the hospital where he succumbed to the injuries sustained by him on 29-3-2002. The matter was reported and the FIR is Annexure A-1.