UNION OF INDIA Vs. AB AZIZ MALIK

JUDGEMENT

(1.) FACTS necessary for the disposal of these appeals and Cross appeals, arising out of Motor Accidents Claims Tribunal, Baramullas judgments i.e. awards recorded in 44 claim petitions, may briefly be stated thus: -

(2.) AN open long Truck owned by GREF bearing registration No. 99E -61149 carrying labourers was on its way to Kaman Post Uri, Kashmir on 8th day of October, 2005 when, at about 9 a.m., an earthquake hit the area, resulting in extensive damage and destruction of life and property. All the labourers, barring four, traveling in the GREF truck wee buried in the debris. The surviving labourers too received injuries. The surviving labourers and the dependents of the labourers who had passed away, filed claim petitions in the Motor Accidents Claims Tribunal, Srinagar, against Chief Engineer, Beacon, Commanding Officer GREF and driver Susheel Kumar, who was driving the GREF vehicle when the earth quake had hit the area and mountain debris slided on the road and area around it. The claim petitions were later transferred for disposal to Motor Accidents Claims Tribunal Baramulla. The claimants attributed the death of, and injuries to the labourers to the rash and negligent driving of GREF Vehicle by Susheel Kumar driver, saying that on noticing the tremors caused by the earth quake, the labourers had told the driver to stop the vehicle, which they say, was plying at a high speed, but the driver did not stop the vehicle and instead jumped out of the vehicle.

(3.) UNION of India, on the other hand, while opposing the claims lodged by the labourers and their dependents, projected that about 1600 people had died in Uri Tehsil itself and most of the damage was caused near the Kaman Post in Uri Tehsil, and area appurtenant thereto. It was projected that in Muzaffarabad Pakistan too, which is nearer to Kaman Post, more than 10,000 people had died and about 3000 houses had been completely damaged because of the killer earth quake. The intensity of the earth quake is stated to be 7.6 at the Richters Scale. Denying that the death of the labourers had been caused because of use of the motor vehicle, it was asserted that the labourers had died because of the havoc created by the earthquake. Compensation payable to the labourers under the Workmens Compensation Act is stated to have been deposited by Union of India with Labour Commissioners office Baramulla.