SAFIQUE Vs. MANAS KUMAR MUKHERJEE

JUDGEMENT

(1.) 1. This Miscellaneous Appeal has been preferred by the appellants against the judgment dated 4.5.1999 passed in M.V. Claim Case No. 20 of 1997 by the District Judge - cum - Motor Vehicle Accident Claims Tribunal, Katihar whereby he has been pleased to dismiss the claim application of the appellants filed under Section 166 of the Motor Vehicles Act on the ground that the deceased was an unauthorised passenger and was trying to take lift in the offending tractor when the tractor met accident.

(2.) THE brief facts of the case which gave rise to this M.V. Claim case are as follows: On 3.5.1997 a tractor bearing registration No. BR39 - 1533 belonging to Manas Kumar Mukherjee and Dulal Mukherjee, met with accident as a result of which deceased Sk. Manjar and A.W. 1 Md. Zafir fell down from the tractor and both the persons sustained injuries and after 4-5 hours of the incident deceased Sk. Manjar succumbed to his injuries. THE tractor was being driven by Shambhu Sah (OP.W. 1) and at the time of occurrence a trailor was also attached with the tractor. It is said that the injured as well as the deceased were doing the work of the labourer on the tractor belonging to one Awdesh Singh. It is further said that the deceased was earning Rs. 900/- per month. After the accident A.W. 1 Md. Zafir gave his fardbeyan before Manihari Police on the basis of which a criminal case bearing Manihari P.S. Case No. 59 of 1997 under Sections 279, 337 and 338 of the Indian Penal Code was initially registered but later on, chargesheet was submitted under Sections 279 and 304 A of the Indian Penal Code as injured Sk. Manjar died on 30.9.1997.

(3.) THE main defence of the owner of the tractor was that the deceased was never his employee / labourer and as the deceased Sk. Manjar along with 3-4 unknown persons had stealthily climbed over the trailor of the offending vehicle from behind without the knowledge of the driver who was taking away the said tractor for filling air in the wheels of the tractor but on way, the tractor over-turned and the deceased and some other persons who had climbed upon the trailor without the knowledge of the driver, fell down by the side of the road and suffered injuries and later on, the deceased died. Further defence is that the vehicle in question was insured and as such, the Insurance Company is liable to pay the entire compensation.