PANKAJ KUMAR MEHTA Vs. SANTOSH KUMAR

JUDGEMENT

(1.) This appeal is at the instance of the owner of the offending vehicle challenging the judgment and award dtd. 20/8/2016 passed by the District and Additional Sessions Judge I-cum-Motor Vehicle Accident Claim Tribunal, Koderma in Claim Case No.04 of 2008, whereby compensation amounting to Rs.3,51,500.00 along with interest at the rate of 6% per annum from the date of filing of claim application till its realization in equal share has been awarded and the appellant has been directed to pay the compensation amount to the claimants within 30 days, failing which claimants have been held to be entitled to recover the amount through process of law with a penal interest at the rate of 9% per annum from the date of filing of the claim petition.

(2.) On 10/10/2007 at about 06.30 a.m., the deceased Jeetn Das and one Umesh Das, the another deceased, were told by the owner of the bricks that a truck loaded with bricks is arriving and the bricks loaded in the truck has to be unloaded near the D.A.V. School and there is need of some labourers to unload the bricks loaded in the truck. Accordingly, these two persons and other labourers sat in the truck, whereafter driver of truck No. JH 02E 1248 started driving the truck in very rash and negligent manner. The labourers had asked the driver to drive the vehicle slowly but he did not care and continued to drive the truck in the same manner. At about 07.30 a.m. near D.A.V. School, the truck turned and the labourers sitting on the truck came under the truck as a result of which the deceased and other labourers sustained serious injury.

(3.) Claim application being Claim Case No.04 of 2008 was filed by the wife of the deceased Jeetn Das, namely, Shanti Devi and her daughters and sons, who are respondents herein. They claimed the deceased to be aged about 45 years. It was their case that the deceased was engaged as Daily Wage Earner and his monthly income was Rs.3,000.00 per month.