ISHAR SAHANI Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 18.11.1991 passed by the learned Presiding Officer of the Motor Accidents Claims Tribunal, Jammu, whereby he has dismissed the claim petition filed by the appellants.

(2.) BRIEF facts leading to the filing of the present appeal are that one Shiv Ram Sahani s/o Chhatia Sahani, r/o village Gateri, Post Office Mahipur Bhaia, District Puri, Orissa, aged about 21 years, while he was working as cleaner/attendant with truck No. JKQ 5306 on 10th May, 1983, died at Udhampur on Udhampur -Jammu National Highway. It was alleged that while the deceased was working as cleaner on the fateful day, i.e., 10.5.1983, his driver asked him to fetch water for the truck engine and when the deceased was in the process of getting water, he was knocked down and fatally injured by a vehicle being a Matador bearing registration No. JKQ 7068 which belongs to J&K; State and was attached with the Police Training College, Udhampur.

(3.) THE respondents' case before the Tribunal was that of total denial. According to the respondents, vehicle No. JKQ 7068 which respondent No. 2 was driving at the relevant time was not at all involved in the accident and was not any reason or cause for the death of the deceased. The version of the respondents before the Tribunal was that the deceased had gone to purchase a bottle of country liquor from the shop near the PHE Office at Udhampur and on his return he slipped and fell down face -wise and liquor bottle which he had tucked in the upper folds of his pyjama pierced his abdomen causing him fatal injuries.