KISHAN LAL Vs. MEHNDI HASAN

JUDGEMENT

(1.) This first appeal from order has been preferred against the judgment and award dated 21.12.1983 passed by the Motor Accidents Claims Tribunal/District Judge, Pauri Garhwal camp at Kotdwara in Motor Accident Claim Case No. 28 of 1973, awarding a sum of Rs. 36,000 with simple interest at the rate of 9 per cent per annum from the date of application, i.e., 11.9.1973 up to the date of payment.

(2.) The facts giving rise to this appeal, briefly stated, are that the respondent No, 1 filed claim petition against the appellant and respondent No. 2 under section 110-A of Motor Vehicles Act, 1939, for compensation amounting to Rs. 45,000 on account of death of Mohd. Idris, a boy of 17 years age in motor accident with the allegations that the deceased was a labourer and was working with appellant. He was getting a sum of Rs. 150 per month as his wages. On 6.6.1969 at about 1 p.m. truck No. UPY 4583 owned by appellant and insured with respondent No. 2 was coining from forest to Kotdwara. The deceased was sitting on the said truck as labourer of the appellant. When the above truck reached at a distance of one mile from Kotdwara at about 1 p.m. the above truck due to rash and negligent act of its driver dashed against pusta near road. The deceased fell down from the truck and sustained injuries. He was brought to the Male Hospital, Kotdwara, but he expired. Due to untimely death of the deceased, the respondent No. 1 suffered pecuniary loss at the rate of Rs. 1,200 per annum.

(3.) The appellant contested the petition and contended that deceased was neither his servant nor in any service, but was a student. His age was about 12 years. He met with the accident due to voluntary fall from the vehicle in question as he had sat in the vehicle in question without the knowledge of the driver or the conductor. The accident was not caused due to any negligence or mistake of the driver or the conductor of the vehicle in question. The respondent No. 1 was, therefore, not entitled to any compensation, as he admitted that the death of the deceased was caused due to his voluntary fall from the vehicle in question.