MAMTA Vs. GURUKRIPA CONSTRUCTION

JUDGEMENT

(1.) Challenge in this appeal is to the award dated 22.02.2011, passed in Claim Case No.107/2010, by the 3 rd Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur, whereby as against the claim made for Rs.7,44,000/-, an award of Rs.25,000/- was passed in favour of the claimants.

(2.) The appeal is by the claimants.

(3.) Briefly stated facts of the case are that a claim petition was filed by the widow alongwith three minor children of the deceased, Shyamlal Kewat under Section 163-A of the Motor Vehicle Act. It was pleaded that on 26.06.2009, the deceased who was the driver of vehicle bearing No.C.G.-13-A-8721, owned by the original non-applicant No.1, Shree Gurukripa Construction, while carrying the boulder near a place called Baradwar Basti, due to mechanical failure of the brake, the vehicle dashed into a temple at the side of the road, wherein, Shyamlal Kewat severely injured and eventually after long treatment he died on 01.09.2009. The matter was reported to the police station and initially the offence under Section 279 of I.P.C. was registered. It was contended that the accident happened during the course of the employment and at the time of the accident, the vehicle was registered in the name of non-applicant No.1. It was further contended that respondent No.1 was the owner of the vehicle, wherein the deceased Shyamlal was working as a driver at a monthly salary of Rs.3,000/- per month. Therefore, on different heads, an amount of Rs.7,44,000/- was claimed.