OM PRAKASH SARAF Vs. RAJMANI DEVI

JUDGEMENT

(1.) ON 22.3.1983. Ram Chandra Prasad @ Ram Chandra Sahu of village Satbarwa, District-Palamau had loaded wooden logs on a truck (BRO-1279) and was himself sitting on its head. He was a vegetable dealer by profession. The said tuck met with an accident, as a result of which he fell down and died on spot.

(2.) IT is not in dispute that truck in question was a goods carrying vehicle and was not to carry passengers.

(3.) THE owner of truck came to this Court in Misc. Appeal No. 95 of 1989 (R), which was disposed of on 22.4.1997 observing that when First Information Report was different than what has been held by the tribunal and when there was no scope to get any material from records to find out actual status of deceased in the truck, judgment and award dated 22.4.1997 is set aside to that extent alone that deceased was a passenger in the truck and matter was sent back to tribunal to find out status of deceased in the truck at the time of accident, taking into consideration statement made in the First Information Report and evidence to be adduced by parties in this respect. Other findings, which were not challenged in the appeal were kept intact.