RAJNI BAI Vs. AVTAR SINGH

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 by the claimants, aggrieved by the award passed in claim case No. 39 of 1989 dated 1. 11. 1993 by the Fifth Additional Motor Accidents Claims Tribunal, Raipur.

(2.) THE facts giving rise to this appeal are: The deceased Basant Kumar was employed as a conductor on the truck No. MBR 8756 owned by respondent No. 1 which at the time of accident on 25. 7. 1988 at about 1. 30 a. m. was driven by respondent No. 2 and insured by respondent No.

(3.) IT is said that the deceased was sleeping near the rear wheel of the truck who was crushed while the respondent No. 2 since deceased reversed the truck. The claimants filed an application under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act') and claimed compensation of Rs. 3,10,000/ -. The Tribunal after appreciation of evidence adduced by the parties held that the rash and negligent act of the driver is not established, it was the deceased himself who was responsible for the accident as he slept near the rear wheel of the truck, hence dismissed the application for compensation.