DANDA HATI Vs. RAJ KISHORE SAHU

JUDGEMENT

(1.) THE claimants have filed this appeal under Section 110 -D of the Motor Vehicles Act against the rejection of their claim by the Second Motor Accidents Claims Tribunal of Cuttack.

(2.) THE claimants are father and mother of a young school -going boy aged around 12 years who was run over by a truck bearing registration number 4857 at about 4. p.m. on 22.5.1974. The said truck was carrying a load of stone to the backyard of one Kantha Pradhan of village Khajuriapada in Baidyeswar Police station of the district of Cuttack. It is alleged that the land of Kantha Pradhan is at a level three feet higher than one neighbouring land and when the truck was attempting to negotiate for the climb, it rolled back and ran over Rabindranath Hati. He was crushed under the rear wheel of the truck. The claimants laid claim for compensation of Rs. 10,000/ - alleging gross negligence on the part of the truck driver. Since the vehicle was insured, the insurer was also noticed in the case.

(3.) THE learned Tribunal came to hold that the Appellants were at best entitled to compensation of Rs. 3,000/ -, but on the merit of the claim, he held that there was no negligence of the driver and the insurer was not liable because the vehicle was being driven not on a public place at the time of accident. Accordingly the claim has been dismissed.