EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT Vs. SUSHILABAI

JUDGEMENT

(1.) This appeal is preferred against the judgment and award delivered on 11th January, 2002, in Claim Petition No.348 of 1993 by the Member, Motor Accident Claims Tribunal, Nagpur. The respondent Nos.1 to 5 are the original claimants. They had filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the loss occasioned to them by death of Bahoransingh, the husband of respondent No.1, and father of the respondent Nos.2 to 5, in the accident caused by rash and negligent driving of one water tanker truck bearing registration No.MTF 7022. At the time of accident, this truck was being driven by respondent No.6, who was in the employment of appellants and the truck was insured with the respondent No.7. The accident occurred at about 7.00 p.m. on 6.2.1993 near Ajani over bridge. In that accident, the said vehicle gave a dash to the bicycle rode by deceased Bahoransingh and his brother in law, Lekhan, who was a labourer. While Bahoran Singh died in this accident, Lekhan sustained grievous injuries which led to suffering of permanent disability by him. The petition that was filed against both the appellants and respondent Nos.6 and 7, claimed compensation of Rs.2,00,000/ jointly and severally from them. The petition was partly allowed and the compensation of Rs.1,25,000/ was awarded to the respondent Nos.1 to 5 by the Tribunal by its judgment and award delivered on 11.1.2002.

(2.) According to the appellants, who were the employers of respondent No.6, as the accident occurred due to an act beyond the scope of employment of respondent No.6, no liability for compensation could have been fastened upon them. Therefore, they have preferred the present appeal against the said judgment and award.

(3.) I have heard Mrs. M.N. Hiwase, learned A.G.P. for the appellants and Mr.Y.R.Sonkusre, learned counsel for the respondent Nos.1 to 5. The respondent Nos.6 and 7 are absent though duly served.