SAHEBLAL CHANDRA Vs. BHUDAYAL CHANDRA

JUDGEMENT

(1.) This is an appeal filed by the appellants/ claimants tinder Section 173 of the Motor Vehicles Act, 1988 (henceforth, "the Act, 1988") against the award dated 23-12-1995 passed by the Motor Accident Claims Tribunal, Ralgarh, (henceforth, "the Tribunal") in Claim Case No. 10 of 1993, whereby the application filed by the claimants under Section 166 of the Act, 1988 has been dismissed.

(2.) Facts briefly stated are that Gopal Prasad Chandra (since deceased) was an employee of respondent No. 1. He was employed by respondent No. 1 to the post of driver of Truck No. MP-26-E-0042 (hereinforth, "the vehicle"). The vehicle was owned by respondent No. 1 arid was insured with respondent No. 2. On 1-1-1993 deceased was driving the ill-fated vehicle, the vehicle fell into a field. When the deceased was ploughing the wet soil, he was caught up underneath the tractor and died. Both the appellants who are father and mother in the capacity of legal representatives filed an application under Section 166 of the Act, 1988 for award of compensation against the driver, owner and insurer of the vehicle. Respondent No. 1 contested the claim. Respondent No. 2 Insurance Company, however contested the claim on the ground that the deceased died during the course of employment, therefore, claim towards his death is maintainable in accordance with Workmen's Compensation Act, 1923 and the Tribunal has no jurisdiction to take cognizance of It.

(3.) Appellants adduced evidence in support of their case. Learned Tribunal after meticulous appreciation of evidence recorded finding of fact that Gopal Prasad Chandra, driver of the vehicle himself was negligent for the accident and, therefore, neither truck owner nor Insurance Company is liable to pay any compensation to the appellants and accordingly vide impugned award, dismissed the claim petition.