KASHIRAM Vs. VIRYAM SINGH

JUDGEMENT

(1.) THIS is an appeal under section 173 of the Motor Vehicles Act read with section 30 of the Workmen Compensation Act, against the order dated 16.11.1994 passed by Shri G.L. Madiwal, Commissioner for Workmen's Compensation No. 1, Gwalior, in case No. 39/92 W.C.A. (F).

(2.) ONE Kashiram's son Hariram was serving with respondent No. 1 Viryamsingh as a driver of truck No. MBW 1704. On 11.7.1991 he met with an accident by the said truck and died. His father Kashiram filed an application before the Commissioner for Workmen's Compensation under section 140 of the M.V.A. section 143 of the M.V.A. makes applicable to the provisions of Chapter X -Liability to pay compensation in motor accidents on the principle of no fault liability. Section 143 makes the provisions of this Chapter also applicable in relation to any claim for compensation in respect of death or permanent disablement of any person resulting from an accident of the nature referred to in sub -section (1) of section 140. Section 143 is quoted below : -

(3.) FOR making payment for no fault liability it was contended that Hariram was the driver, he sustained injuries and died. It was an accidental death. Notice was issued to the respondents, who denied that as a result of injuries sustained in an accident Hariram died.