NARSIN BEGUM Vs. MR. CHANDESWAR RAY

JUDGEMENT

(1.) Present appeal is directed against judgment dtd. 29/8/2011 of learned 4th M.A.C.T., Jharsuguda in M.A.C. No.40 of 2010, wherein learned Tribunal has granted compensation to the tune of Rs.3,63,000.00in favour of the claimants on account of death of the deceased " Diwan Farukh Khan in the motor vehicular accident dtd. 6/4/2010.

(2.) The claimants are the wife, four children and mother of the deceased. Their case is that the deceased was the driver of a Truck and on 6/4/2010 his Truck was parked behind the offending Truck bearing Registration No.HR-69-A-1264 for unloading coal. As the driver of the offending Truck had slept in the driver seat and did not move after unloading the coal, the deceased climbed up to the driver's cabin of the offending Truck to wake him for moving forward who were in the queue for unloading coal. But the driver carelessly drove the Truck suddenly in a rash and negligent manner resulting fall of the deceased from the cabin and the wheels of the Truck crushed over him causing his instant death.

(3.) Learned Tribunal fixed the negligence on the part of the driver of the offending Truck and directed the owner to pay the compensation. It refused to fix the liability on the insurer (present Respondent No.2) to indemnify the compensation amount on behalf of the owner on the ground that the driver of the offending Truck had no valid DL on the date of accident.