NEW INDIA ASSURANCE COMPANY LIMITED Vs. JASO DEVI

JUDGEMENT

(1.) A truck, bearing registration No. BHM 5437 was owned by Ram Kumar Saw and Narsingh Prasad Mehta was employed as driver thereon. On 11/05/1997 coal was loaded on the truck for Varanasi and on the way at Itkhori More of Ranchi-Patna Road near Barhi, the driver stopped the truck and requested one Prayag Yadav to allow his nephew. Krishna Yadav to go with him on the truck as khalasi, as there was no khalasi on it and he had to. go to Varanasi and for that he would be paid Rs. 50/- per day. Prayag Yadav allowed his nephew to go on the truck as khalasi on daily wage of Rs. 50/-.

(2.) On 15/05/1997 in the early morning, the said truck was found abandoned at village Saraiya and the driver was not there. The dead body of Krishna Yadav was found lying in its cabin covered with a gamcha. Even on search the driver was not found.

(3.) In this regard Barhi P. S. Case No. 63 of 1997 was registered and subsequently after investigation charge-sheet was submitted for the alleged offence under Section 302 of the Indian Penal Code against the driver.