NARSINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal by the, owner of the vehicle (truck) No, O.S.M. -997, is directed against the judgment/award dated 8th October, 2004 passed by the 1st Motor Accident Claims Tribunal, Baripada, in M.A.C.T. Misc. Case No. 82 of 2003, awarding an amount of Rs. 91,400/ - as compensation alongwith interest @ 9% per annum, from the date of filing of the claim application, i. e., 24th March, 2003 and directing the present appellant, as the owner of the offending vehicle, to pay the same.

(2.) THE sole contention raised by the learned Counsel for the owner appellant is that as the accident took place on a land, which was adjacent to the public road and was recorded as a "Nayanjori", to which, the public had easy access, learned Tribunal erred in holding that the accident took place on the private land of one Lalmohan Singh and, therefore, the insurer is not liable to pay the compensation amount. In this regard it is submitted that the evidence on record clearly revealed that the deceased Bira Singh was at the work site on 9th March 2003 at about 4.30 p.m. near village Kamalasole, where digging and lifting of earth work was going on for construction of a road under

(3.) ON a perusal of the impugned award, it is seen that in the claim application, it was pleaded that on 9th March, 2003 at about 4.30 p.m. While the deceased Bira Singh was at the work site near village Eamalasole, where digging and lifting of earth work was going on for construction of road under "Pradhanmantri Gramya Sadak Yojana", the offending truck No. O.S.M. -997 belong to the present appellant, which was engaged to remove the earth to the road side, suddenly came in reverse motion, being driven by the driver in a rash and negligent manner and dashed against the deceased Bira Singh and thereafter the rear wheel of the offending truck ran over him, resulting in his death at the spot. The claimants led oral evidence through P.Ws. 1 and 2 and filed documentary evidence, like police papers (Exts. 1 to 6), in support of their case. The final form (Ext. 2) revealed that the police after investigation filed charge sheet against the driver of the offending truck No. O.S. M. -997 for rash and negligent driving. The seizure list (Ext. 3 series) revealed that the police during investigation seized the offending truck and its documents and also the driving licence of the accused driver. Learned Tribunal on the basis of the evidence on record, both oral and documentary, came to hold that the the accident, which resulted in the death of the deceased.