THE COLLIERY MANAGER Vs. SMT. RAMDEI & ORS.

JUDGEMENT

(1.) THIS appeal has been preferred by the Colliery Manager aggrieved by an award dated 17.11.1992 passed in Claim Case No. 31/2003 by the Second Additional Motor Accident Claims Tribunal Betul. The learned claim tribunal has awarded compensation of Rs. 5,19,000/ - on account of death of Shri Jagdish Prasad alongwith interest @9% per annum from the date of filing of the claim petition. On 09.09.1992 Late Shri Jagdish Prasad was coming back from Western Coalfields Ltd. to his house from duty, when he was dashed by a dumper (No. T -7) owned by Western Coalfield Ltd. He sustained serious injuries and died on the spot. An FIR was lodged and offence was registered by the Police Station Sarani as crime no. 218/92 under Section 304 -A of IPC against Babu Lal, driver of the dumper. The income of the deceased was Rs. 3681/ -. The age was 35 years. He is survived by widow and four children. The compensation of Rs. 9,76,000/ - was claimed.

(2.) IN reply the driver and the Manager of the mines contended that the dumper in question at no point of time was involved in the accident. The dumper was standing in the garage at the time of accident. Some other vehicle might have caused the accident and the claim petition be dismissed. Learned Claims Tribunal has found on appreciation of the evidence at the time of accident Babu Lal drove the dumper in question and dashed. Shri Jagdish Prasad had sustained injuries and died on the spot. Babu Lal was on duty at the time of accident. The dumper in question was driven by him.

(3.) DISSATISFIED with the award this appeal has been preferred by the Colliery Manager, Western Coalfieds Ltd. Mr. Anoop Nair on behalf of the appellant, has submitted that the statements of Jashwant Rao (CW -2) can not be relied upon as he could not note the number of the vehicle at the time of accident. Thus, involvement of the vehicle in question has not been established, hence the learned Claims Tribunal has illegally saddled the liability to make the payment of compensation. Shri Pramod Thakare on behalf of the respondents -claimants submitted that the accident had taken place in the night at 10.30 when the deceased was going back from his duty to his house in the night. The involvement of the vehicle is clear. The Police has also investigated the case and found that Babu lal, driver, was on duty. He was driving the dumper at the time of accident. The dumper was not standing in the garage of the appellant. The dumper of the Western Coalfields Ltd. was involved in the accident. No interference is called for in this appeal.