MOHD RIAUDDIN Vs. NARAIN SINGH

JUDGEMENT

(1.) THIS miscellaneous appeal is directed against the award passed by the learned Sixth AJ. C.-cum-Presiding officer of Motor Accidents Claims Tribunal, Ranchi in Compensation Case No. 128 of 2001 on 18. 2. 2006, whereby and whereunder, learned Tribunal by partly allowing the claim of claimants-appellants, directed the opposite party No. 3-respondent No. 3 to pay a sum of Rs. 1,77,840 to them as against the claim of Rs. 3,60,000 and interest thereon.

(2.) BRIEF facts of the case are that on 9. 4. 2001, while the deceased Jeyaul Haque alias Lala, an engine technician by profession, was repairing the gear box of the truck No. RJ 14-G 2685 parked on national highway near R. K. Motel at Chuttupalu, another truck bearing the registration No. BHN 5731, came rashly from behind and dashed against the said static truck No. RJ 14-G 2685 with the impact of which, the deceased Jeyaul Haque alias Lala who was repairing the gear box came under the wheels of static truck No. RJ 14-G 2685. He was immediately removed to Apollo hospital where he succumbed in course of treatment on the same day. An F. I. R. was instituted giving rise to Ormanjhi P. S. Case No. 4/2001 for the alleged offence under sections 279/337/338/307/304-A of the Indian Penal Code. After investigation, police submitted charge-sheet against the driver of the static truck No. RJ 14-G 2685. It was stated that deceased Jeyaul Haque alias Lala, at the relevant time of his death in motor accident, was aged about 19 years and was a skilled engine technician, having earnings of Rs. 4,000 per month. Appellants are the parents and younger minor brothers of the deceased who had been living on the earnings of the deceased Jeyaul haque alias Lala and it was stated that due to his sudden death, the appellants have been deprived of not only their means of livelihood but also love and affection. A sum of Rs. 3,60,000 was claimed by the claimants-appellants on the ground that his earnings at the relevant time was Rs. 4,000 per month but only a sum of Rs. 1,77,840 was directed by the Claims Tribunal to be paid by opposite party No. 3-respondent no. 3, who was the owner of the offending truck No. BHN 5731 which dashed the static truck.

(3.) BY assailing the impugned award, learned counsel Mr. Anand submitted that it was a case of composite negligence as the static truck No. RJ 14-G 2685 which had developed fault in its gear box was parked on the national highway and the deceased with another was called in for repair of truck but on account of sudden dash from behind and its impact whereof, the deceased Jeyaul Haque alias Lala fell down and the wheels of the static truck moved forward and he came under the wheels which proved fatal in course of his treatment. In this manner, liability fixed only against the offending truck bearing registration No. BHN 5731 was not proper and appropriate which contributed for the negligence of the driver of the static truck no. RJ 14-G 2685, who had parked it on the national highway without taking precautionary measures to watch and warn the vehicular traffic or by displaying the sign of caution or any other mode by putting boulders on the road. It was not the case of the respondent No. 1 that his truck was parked on the flank, at some distance from the national highway so as to infer that abundant precaution had been taken by the driver of the truck No. RJ 14-G 2685 while repairing of its gear box was going on. Under the circumstances, it was appropriate and proper for the Tribunal to fix equal liability upon the owners of both the trucks as regards payment of compensation was concerned.