BHURA ALIAS GOPAL Vs. SHAKUNTALAL BAI

JUDGEMENT

(1.) This appeal is preferred by the driver of the vehicle involved in accident under Section 173 of the Motor Vehicles Act 1988 against an Award dated 26th October 2005 in Claim Case No. 3/2001 passed by the Additional Member of the Motor Accident Claims Tribunal Mungaoli, district Guna (M.P.) directing thereby both the driver and the owner of the offending vehicle to pay compensation to the claimants.

(2.) The facts, in short, are that on 12th December 2000, deceased Ram Singh alongwith the appellant and other labourers was going on a tractor bearing registration No. MKH 8700 attached with a trolley for loading the send (Muram). It is alleged that after the trailer was being loaded with muram from the quarry, the driver took the tractor in a reverse position, consequently, the deceased Ram Singh who was standing nearby the trolley fell down in a quarry and a huge quantity of muram had collapsed from the quarry due to which he was pressed and seriously injured. The incident was reported to the police on which an F.I.R. was lodged and crime was registered against the driver. After investigation, charge sheet was filed for commission of offence punishable under section 304-A of I.P.C. read with sections 3/181, 39/152-A, 146/196 of the Motor Vehicles Act before the criminal court. In a claim petition filed by the claimants of the deceased/labour, the tribunal concluded that the accident was as a result of rash and negligent driving on the part of the driver, hence, the owner as well as driver of the vehicle both were directed to pay compensation amount in the sum of Rs. 2,58,000/- in all heads alongwith interest @ 6 % per annum from the date of filing of claim within a period of one month, failing which the amount was directed to be paid alongwith penal interest @ 12%. Being aggrieved, the appellant has come to this court with the present appeal.

(3.) The contention put forth by the learned counsel for the appellant is that the conclusion of the tribunal that the accident was the result of the negligent act on the part of the driver was not in consonance with the facts as came out from the evidence. It is further submitted that the income of the deceased was determined at higher side and therefore the amount awarded was not properly assessed. On this basis, it is prayed that by allowing the appeal, the award passed against the appellant may be set aside and the appellant may be absolved from the liability of satisfying the damages awarded to the claimants.