JAMILA BI Vs. GURMIT SINGH

JUDGEMENT

(1.) THIS appeal is directed against the award dated 13. 5. 1997, passed by the Motor Accidents Claims Tribunal, Indore, in Claim Case No. 42 of 1997.

(2.) NISAR Khan alias Saleem (deceased) was working as motor mechanic at Indore Transport Nagar. On 9. 7. 1996, he was attending truck No. UP 02-A 2675. With a short gap, loaded truck No. MP 09-K 6311 was on jack, which slipped and the loaded truck fell down in such a way that it struck other truck No. UP 02-A 2675. He was hit and he died. The claimants are wife, daughter and mother of the deceased. It is alleged that the accident was result of rash and negligent act of the driver of truck No. MP 09-K 6311.

(3.) THE owner and driver of truck No. MP 09-K 6311 have not contested the claim, therefore, proceeded ex parte.