MAMTA Vs. HOME SINGH

JUDGEMENT

(1.) The appellants-claimants have filed this appeal under section 173 of the Motor Vehicles Act, 1988 against the award dated 23.8.2005 passed by the Third Motor Accidents Claims Tribunal, Gwalior, in Claim Case No. 146 of 2004.

(2.) The appellants, who are wife and mother of deceased Heeralal, filed a claim application before the Claims Tribunal under section 163-A of the Motor Vehicles Act, 1988. They pleaded that the deceased Heeralal had been working as driver of the truck bearing No. MP 07-G 5150. He was getting a monthly salary of Rs. 4,500. When the truck had been going from Bhind to Jalgaon, it turned turtle near Police Station, Ghatigaon. In the aforesaid accident, Heeralal died on the spot. The claimants claimed total compensation of Rs. 24,70,000. The Claims Tribunal vide impugned award has held that the accident occurred due to negligence of the driver-deceased himself, hence, the claimants are not entitled for any compensation.

(3.) The findings of the Claims Tribunal that the accident occurred due to negligence of the driver of the truck, who was the deceased, hence, the claimants are not entitled to get compensation are perverse because the claimants filed the application before the Claims Tribunal under section 163-A of the Motor Vehicles Act, 1988. Section 163-A(2) reads as under: