CHANDRA BAI Vs. BHAGYA LAXMI SAW MILLS

JUDGEMENT

(1.) This appeal has been preferred by the appellant as against award dated 30.10.2002 passed by the Motor Accidents Claims Tribunal, Chhindwara in Claim Case No. 40 of 2002.

(2.) The claimant filed application seeking compensation on account of death of Premchand who was the driver of the truck No. MHG 7673, he was taking the truck as per the direction of the employer to coal kiln at Junnardeo. When the truck was negotiating uphill road on the hillock, all of a sudden, owing to mechanical failure it could not go ahead and was reversed, driver fell down owing to imbalance and suffered injuries in various parts of body and died. The total compensation claimed was Rs. 8,50,000. It was submitted that deceased was earning as driver a sum of Rs. 3,000 per month, he has left behind widow.

(3.) In the written statement, the owner has contended that the accident took place owing to negligence of driver, he violated the traffic rules as such owner is not liable to make payment of compensation.