PEETAMBER PRASAD RATLE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE claimants aggrieved of dismissal of their application for compensation have filed this appeal under Section 110-D of the Motor Vehicles Act, 1939, against the award dated 3. 9. 1988 passed in Claim Case No. 10 of 1987 by Second Additional Motor Accidents Claims Tribunal, Sehore.

(2.) FACTS giving rise to this appeal are these. Appellant Nos. 1 and 2 are the parents; appellant Nos. 3 and 4 are the sisters and appellant No. 5 is the brother of the deceased Devendra Kumar Ratle who died in a motor accident on 3. 6. 1984 while returning from Bhopal in the official vehicle jeep MPZ 6536 owned by respondent State of Madhya Pradesh. The deceased was posted as Assistant Engineer (S. D. O.) in Irrigation Department of the Government of Madhya Pradesh at Nasrullahganj at Kolar Project. After obtaining the due permission from J. P. Jain, AW 1, the then Executive Engineer of the Irrigation Department, for going to Bhopal for approval and taking of estimate of Irrigation Project, the deceased left on 3. 6. 1984 at about 9. 00 a. m. for Bhopal in the official jeep driven by Yusuf Khan, AW 6, the driver of the jeep. It was Sunday. On finishing his official work, while the jeep was returning from Bhopal on way Yusuf Khan, AW 6, driver complained severe pain in stomach and fever and told the deceased that he was not in a position to drive the jeep and made a request to the deceased to drive the jeep as the deceased knew driving and was in possession of driving licence. The deceased took up the jeep and drove it to reach Johellapur. On way near Delavadi Ghati the brakes of the jeep failed as a result of which the jeep did not remain in control of the deceased and fell in a ditch as a result of which the deceased Devendra Kumar died and other occupants R. K. Shrivastava, Assistant Engineer, Kolar Project, AW 2, and driver Yusuf Khan, AW 6, received severe injuries.

(3.) LEGAL representatives of the deceased filed an application under Section 110-A of the Motor Vehicles Act, 1939 (for short 'the Act'), on 26. 11. 1984 and claimed compensation of Rs. 11,78,000/- on the averments that the deceased was born on 2. 10. 1955 who throughout his education career was a brilliant student; after passing and obtaining degree in Bachelor of Engineering (Civil), he was appointed as Assistant Engineer in the Irrigation Department of Government of Madhya Pradesh in the pay scale of Rs. 425-25-500-30-680-40-800-50-900; at the time of his death he was drawing Rs. 1,446/- per month. To discharge his official duties the Government of Madhya Pradesh provided a jeep of 1972 Model which had run more than 2,10,500 km. The applicants averred that the accident occurred due to mechanical defect, i. e. , of brake failure as the vehicle was not maintained in a roadworthy condition. Therefore, the respondent State as owner was negligent in providing such a jeep and liable to pay compensation for the death of the deceased which occurred due to the use of motor vehicle, the jeep.