MANI DEVI Vs. H P STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This appeal is directed against the award of Motor accident Claims Tribunal. Shimla in MACC No.9-S/2 of 1990 dated 29-5-1991.

(2.) Truck HPS-7610 belonged to H.P. State Electricity Board. Shri Brijender Singh was the driver. On 27-11-1988, it was coming from Luhri to Neither met with an accident and fell into the Nala. At the time of accident, deceased Ghali Ram (hereafter Ghali Ram) was one of the occupants in it. He died in this accident. According to the claimants, the accident took place due to rash and negligent driving of Driver Brijender Singh, Ghali Ram was 40 years old and at that time was working as as private Mason and Carpenter. His income was Rs. 1300/- p.m. and he left behind his widow and three sons who were dependent on him. Compensation of Rs. 3 lakhs has been claimed from the respondents. The petition was barred by time, therefore, it was pleaded that the delay was due to the assurances given to them by the respondents that adequate compensation would be paid to them. They waited for a long time but when it was not given, the claim petition had to be filed. Respondents contested this claim. It was denied that the accident took place due to the rash and negligent driving by truck driver. It is also pointed out that the petition was barred by time. On the pleading; of the parties, the tribunal framed the following issues :1) Whether the deceased S/Shri Ghali Ram and Kumari Nirmala Devi had died on account of rash and negligent driving of truck driver Shri Brijender Singh of truck No. NPS-7610 which truck belonged to H. P.S. E. B.as alleged. if so its effect? OPP.2) If issue No. 1 supra is proved, to what amount of compensation the petitioners of each petition are entitled to and from which of the responders'? OPP.3) Whether there is sufficient cause for condonation of the delay, in question OPP.4) Whether the petition is not maintainable as alleged OPR.5 ) Relief

(3.) The tribunal held that Ghali Ram died in this accident which was the result of rash and negligent driving by driver Brijinder Singh of this truck belonging to H.P. State Electricity Board, It was also held that claimants were entitled to compensation of Rs.96,000/- from the respondents. However,the claim petition was dismissed on the ground of delay, hence this appeal.