LAWS(HPH)-2005-5-8

STATE OF HIMACHAL PRADESH Vs. RAJ KUMAR

Decided On May 30, 2005
STATE OF HIMACHAL PRADESH Appellant
V/S
RAJ KUMAR Respondents

JUDGEMENT

(1.) This appeal by the State is directed against the award of the Motor Accidents Claims Tribunal-I, Sir-mour District at Nahan in M.A.C. Petition No. 54-N/2 of 1994/1993, decided on 9.8.1995.

(2.) The facts which are not in dispute are that deceased Bachna Ram was employed as a driver with the I.P.H. Department of the State of H.P. He was deployed on duty with truck No. HPN 553. On 13.8.1992 he was carrying a large number of RCC pipes in the truck along with some labourers. The truck met with an accident and went off the road. The deceased died as a result of injuries sustained by him in the accident.

(3.) The claimants who are the widow and children of the deceased filed a claim petition under section 166 of the Motor Vehicles Act claiming that compensation should be awarded to them. It was alleged that the accident had occurred due to the sudden puncture of the rear left side tyre of the truck. It was further alleged that the tyre got punctured due to the fact that the vehicle was not being maintained properly.