SAFIDAN BIBI Vs. HARDESH KUMAR JAGGI

JUDGEMENT

(1.) A Truck bearing registration No. BHV-9016 was engaged in carrying bauxite stones from Lohardaga to Chandwa-Tori Railway Station and on the way on 30.10.1985, one Abdul Ghafoor An-sari loaded vegetable baskets and she goats thereon and himself also sat on it. It was a half dalla truck and bauxite holders was already loaded thereon to its capacity.

(2.) THE said truck turned turtle at Salaiya Tonggi turning due to negligence of driver and in the said accident, Abdul Ghafoor Ansari sustained serious injury and died after 1-1/2 months. His widow and five sons filed Compensation Case No. 49 of 1986, under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act').

(3.) THE present appeal has been filed by claimants of Claim Case No. 47 of 1986, challenging tribunal's order, whereby they were held not entitled to any compensation under the Act, on the death of Abdul Ghafoor Ansari in the accident in question.