CHIEF GENERAL MANAGER Vs. KRISHNA GOND

JUDGEMENT

(1.) THIS appeal has been filed by Northern Coalfields Ltd. (NCL)aggrieved by award dated 25. 9. 2006 passed in Claim Case No. 47 of 2006 by the addl. Motor Accidents Claims Tribunal, waidhan, District Sidhi.

(2.) CLAIM petition was filed by the legal representatives of the deceased, Yeshwant singh, claiming compensation on account of his death in an accident dated 18. 11. 2004 when dumper owned by NCL driven by bhagwan Das Sahu dashed the jeep No. UP 66-B 4495. Yeshwant Singh, driver of the jeep, sustained injuries and died in the accident. Deceased was having licence to drive a jeep. Compensation of Rs. 5,00,000 was claimed by the claimants. Age of the deceased was 19 years. He used to receive a sum of Rs. 6,600 per month.

(3.) NCL, its Regional Security Officer and Dy. Chief Engineer in their written statement contended that the accident was the outcome of negligence of Yeshwant singh, driver of the jeep who dashed the dumper, due to which he sustained injuries and died. Dumper was not a motor vehicle, it was plied in mines area. There was no red flag fitted on the jeep plied by the deceased. He was also not having licence to drive. It was driven in violation of the security rules applicable as per the Mines act.