SUSHILA Vs. RAJPAL SINGH

JUDGEMENT

(1.) THIS is an appeal by the claimants against the judgment and award dated 8.10.1997 passed by Motor Accident Claims Tribunal, Bhind, in Claim Case No. 67/1996.

(2.) THE claim petition was filed by this appellant who is widow of one Ravindra Singh, claiming a compensation of 14,00,000/- for the death of her husband in a motor accident involving truck bearing registration No. CIG 2252 on 6.5.1992. She stated that the deceased was aged 22 years and had monthly income of Rs. 3,000/- as a mechanic. She examined herself, and also examined her father-in-law and the employer in regard to income. An eye witness was also examined. The driver of the truck did not give any evidence. After appreciating the evidence, the Tribunal held as follows :

(3.) THE evidence shows that the truck had been parked touching an electric pole. The deceased who was a passer by touched the door knob of the truck and was electrocuted. There is no evidence to show that the deceased was a passenger in the vehicle. On the other hand, it is clear that the accident occurred on account of the driver of the truck, parking the truck in such a negligent manner in a public place touching an electric pole with the result that any one who touched the metallic part of the truck was electrocuted. The deceased was, therefore, a third party who died on account of the negligence of the driver and, therefore, the insurer is liable to pay the compensation. The first point is answered accordingly. Re. point (b)