GENERAL MANAGER, SECL Vs. SARITA BANJARE

JUDGEMENT

(1.) This is an owner's appeal under Sec. 173 of the Motor Vehicles Act challenging the award dtd. 15/10/2018 passed by 1st Additional Motor Accident Claims Tribunal, Korba (CG) in M.A.C.T. No.48/2013.

(2.) The gist of claim before the Tribunal was that in the intervening night of 23/24/7/2012, when deceased Lalit Narayan Banjare was coming from Gevra to Korba in a Sumo vehicle along with two other persons, around 12 o'clock midnight respondent No.5 Mahendra Sharma driving the offending vehicle i.e. Dumper No.133, Model Mark - 30 B, 120 Ton in a rash and negligent manner dashed the said Sumo car, as a result of which, Lalit Narayan suffered grievous injuries and died on the spot. The claimants, who are the wife, daughter and parents of the deceased, preferred a claim application before the Tribunal claiming compensation under various heads. Learned Tribunal, on a close scrutiny of the evidence brought on record, awarded total compensation of Rs.11,90,392.00 with interest @ 6% per annum, from the date of application till its realization in favour of the claimants and against the owner (appellant), against which the present appeal has been filed by the owner.

(3.) Learned counsel for the appellant/owner submits that the offending vehicle is a machine which was being used in the factory in a restricted area, therefore, it does not fall under the category of Motor Vehicle. He further submits that the accident did not take place on the road but it happened in a restricted area where general public was not allowed to travel. Therefore, the owner is not liable for payment of compensation and prays for allowing the appeal by exonerating the owner from its liability