BANKIM SINGHA Vs. MANOJ KUMAR BOTHRA

JUDGEMENT

(1.) This appeal for enhancement of compensation has been filed by the claimants and is directed against the award dated 28.03.2007 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in case no. T.S. (MAC) 23 of 2003, whereby an amount of Rs. 1,80,000/- was awarded in favour of the claimants.

(2.) The claimants are the parents of the deceased Bijoy Singh. They filed a petition under Section 166 of the Motor Vehicles Act, 1988 claiming that their deceased son was working as a mechanic at 'Bajranjbali Motor Works' at a salary of Rs. 5,000/- per month. It was further alleged that Bijoy Singh was engaged by the driver of the truck bearing No. AS-10-2812 for repairing the truck. In the process of his duties to carry on repairs of the truck, Bijoy Singh had raised the truck with the help of a jack. In the claim petition it was alleged that the deceased mechanic had repaired the truck and thereafter asked the driver to check the steering wheel and when the driver suddenly started the truck with a jerk, the jack got displaced and the deceased was crushed under the truck and as a result of the injuries sustained he died.

(3.) Unfortunately the driver of the truck was not made a party to the petition. Only the owner was made a party. The driver may not have been a necessary party but was definitely a proper party. The owner stated that since he was not present at the time of the accident, he could not say what actually transpired there and he denied all the allegations made in the claim petition and prayed that the petitioners be directed to prove the averments made in the claim petition.