CENTRAL COALFIELDS LTD Vs. UMA DEVI

JUDGEMENT

(1.) This appeal has been preferred against the judgment and award dated 27.10.1990 passed by the then Additional Claims Tribunal, Hazaribagh, in Suit No. 79 of 1986, whereby compensation to the tune of Rs. 1,00,000/- has been ordered to be paid by the appellant No. 1 with interest at the rate of 12 per cent per annum from the date of institution of the case till its realisation.

(2.) The appellant No. 1 is a Government company and a mining lessee in the State of Bihar in respect of various mines in the district of Hzaribagh. The appellant No. 1 company has got Terex machine which is used within the mine area to carry the overburden and dump the overburden outside. The Laiyo Jharkhand Project from where the case has arisen has got four such Terex machines. A claim was lodged by the claimant Uma Devi, that one Baleswar Singh, the husband of claimant-respondent No. 1 and the father of the other claimants, while going to the Jharkhand Colliery on 17.1.1986 was dashed by one Terex No. MD 1358 and due to such dashing he died being injured and as such, claim case was filed under Section 110-A of the Motor Vehicles Act, 1939 ('the Act').

(3.) In the written statement filed, the appellant company took the plea that Terex is not a 'vehicle' as defined under the Act and as such the claim case is not maintainable under the Act and further case was that one Megan Mahto was under Fitter Helper Category II and he was not authorised to run Terex.