SAYRA Vs. BALMUKUND

JUDGEMENT

(1.) This appeal has been preferred against an award dated 4.9.2002 passed by Third Motor Accidents Claims Tribunal in M.C.C. No. 24 of 2001 dismissing the claim petition filed by claimants claiming compensation for death of Shakil Ahmad, aged 20 years.

(2.) It was averred in the claim petition that the deceased Shakil Ahmad was a cleaner in truck No. GJ 17-6814. The accident took place in the intervening night or 28.5.1994 and 29.5.1994. The respondent No. 1, Balmukund was the driver of the truck. Another truck No. C II 6851 was standing due to puncture. It was alleged that Balmukund drove the truck in a rash and negligent manner and dashed against stationery truck No. CII 6851. The cleaner Shakil Ahmed died on the spot. The report was lodged at police station. An offence was registered against Balmukund under sections 304-A, 279, 337 and 427 of the Indian Penal Code. The charge-sheet was filed in the court of Judicial Magistrate, First Class. Deceased was earning Rs. 1,000 per month as salary as cleaner, a compensation of Rs. 10,50,000 was claimed. The insurance company in the reply contended that the responsibility is that of the driver of truck No. C II 6851. He parked the truck without any indication on the road. The truck in question was not insured.

(3.) The Claims Tribunal dismissed the claim petition only on the ground that it has not been established that Shakil Ahmad, cleaner had died. The reason given by the Tribunal dismissing the claim petition is that in the F.I.R. the name of the deceased has not been mentioned. The death of an unknown cleaner has been mentioned in the post-mortem report because his name was not mentioned. Thus, it has not been found to be established that the deceased was Shakil Ahmad.