MANOJ KUMAR MUNDI Vs. HARI GOPAL RAO DEVASTHALE

JUDGEMENT

(1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act, 1939, (hereinafter referred to as the Act) against the award made by the Additional motor Accidents Claims Tribunal, Gwalior in Case No, 11/1975 dated 8th July, 1976.

(2.) BRIEFLY stated, the facts giving rise to this appeal are these:-The appellant 1 Manoj Kumar is the minor son of appellant 2 keshavrao. An application under Section 110-A of the Act was filed by the appellants before the Tribunal on the following allegations :--On 30-1-1975 two trailers bearing registration Nos. MPW 5234 and 5192 belonging to some of the respondents were parked on a public lane known as 'jatar Sahab-ki-Gali' in the town of Lashkar in such a negligent manner that one trailer was placed over the other in a tilting position At about 10. 15 A. M. when the appellant Manoj Kumar a minor boy aged, about 10 years, passed by the side of these two trailers placed in the above position, one of the trailers bearing registration No. MPW 5234 slipped from above the trailer on which it was placed, and fell down on the person of the appellant Manoj kumar with the result that he was seriously injured. He was rushed to the hospital and examined by the doctors and it was ultimately decided that his life could be saved only if the left leg, which was completely crushed because of the fall of the trailer, would be amputated. On the advice of the doctors the left leg was amputated and the boy thus suffered a permanent injury of the loss of one of his two legs. A claim was, accordingly, made against the respondents, some of whom were the owners, for a total compensation of Rs. 1,30,500 on different counts.

(3.) THE claim was denied both on merits as well as on the ground that such an application under Section 110-A of the Act was not maintainable inasmuch as no injury was suffered by the appellant Manoj Kumar on account of the use of a motor vehicle. The learned Tribunal upheld the preliminary objection and came to the conclusion that such an application was not maintainable. The application was, accordingly, rejected.