RAM BABU Vs. SHRIMATI MEERA DEVI

JUDGEMENT

(1.) This First Appeal From Order has been preferred on behalf of owner of the truck under Section 173 of the Motor Vehicles Act assailing the award and order dated 27.10.2015 passed by Motor Accident Claim Tribunal/Additional District Judge, Court No.16, Allahabad in Motor Accident Claim Petition No.780 of 2010 (Meera Devi Vs Ram Nath and others).

(2.) Heard learned counsel for the appellant and the learned counsel for claimant-respondent no.1.

(3.) It has been contended by the learned counsel for the appellant that the claimant should have preferred the claim petition under Workmen's Compensation Act, 1923 instead of the Motor Vehicles Act, 1988, since the cause of accident is attributable to the negligence of the Power Corporation as the deceased sustained fatal injuries on account of falling down of electric wire on the vehicle during the course of employment. Further contention is that the accident is not attributable to the use of a motor vehicle. As such, the claim petition of the claimant-respondent no.1 is not maintainable within the ambit of Section 163A of Motor Vehicles Act, 1988.