MALLOO GIR OSWAMI Vs. CHATURBHUJ RAI

JUDGEMENT

(1.) Heard finally with the consent of the parties. The appellant/claimant, father of the deceased, filed an application under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) for grant of compensation on account of accidental death of his son, Shiv Kumar with truck bearing registration No. CPT 2561. The said truck was owned by respondent

(2.) and its driver was respondent No. 1. Respondent No. 3 admittedly insured the said vehicle. The appellant/ claimant also filed an application under section 140 of the Act for grant of interim award on the principle of no fault liability. The averments were that one of the tyres of the truck had punctured; the truck was standing on the side of the road. Deceased Shiv Kumar came on a motor cycle, dashed against the truck and sustained fatal injuries. It also appears that respondent No. 1 was prosecuted regarding the said incident and he pleaded guilty and was accordingly punished.

(3.) The learned Tribunal held that since the truck was stationary and it was not being driven rashly or negligently, grant of interim compensation would not be proper.