RATI DEVI Vs. MANTU SAHU

JUDGEMENT

(1.) Heard the parties and with their consent this appeal is disposed of at the stage of hearing under Order 41, Rule 11 of the Code of Civil Procedure.

(2.) On 19.3.1991, the Sarhul festival day a truck (BRS 7008) as standing at village Beragani, District Ranchi and villagers were boarding thereon to take part in the procession. While Mahabir Pahan @ Mahabir Ram Munda, a 45 years old employee of the Heavy Engineering Corporation, Ranchi was trying to board on the said truck, it moved and he fell down and came under the left rear wheel thereof. He sustained injury and succumbed thereto at the spot.

(3.) The Additional Judicial Commissioner, Ranchi by the impugned order dated 10.4.1995 passed in Compensation Case No. 59 of 1991 filed by the dependents of the deceased under the provisions of the Motor Vehicles Act, 1988 held that there was no question of rash and negligent driving in the facts and circumstances of me case and that the deceased fell down in the rear side of the truck and so there was no occasion for the driver to fore see or see the deceased being fallen down and as such the claimants were not entitled to get compensation under the Act, besides the interim compensation of Rs. 25,000/ -which was earlier granted by order dated 12.11.1992. The claim case was dismissed.