ANAND KUMAR @ ANAND SINGH Vs. AZAD SINGH

JUDGEMENT

(1.) The appeal is by the representatives of the deceased whose claim petition before the Motor Accident Claims Tribunal was dismissed. The case had been filed on an averment that the deceased was employed as a Cleaner in the insured's vehicle and at a particular place when he alighted the vehicle to take meal at a hotel by crossing the road, he was hit by another vehicle and sustained fatal injuries. The claim was made against the owner and the insurer of the vehicle in which he was said to be travelling. The Court below found that the plea of an employment status was not established.

(2.) In my view, the petition itself was not maintainable. In order to avail for a workman, the remedy under the Motor Vehicles Act in the manner contemplated under Section 167 of the Motor Vehicles Act, it should satisfy the twin test; one he shall be a workman in the vehicle and the accident must have resulted by the use of the motor vehicle. In the same way, the second test would be that such a person, if he was a workman, shall be in a position to maintain an action against an insurer.

(3.) The appeal is disposed of with the above observations.