GAYATRI DEVI Vs. TANI RAM

JUDGEMENT

(1.) This is a claimants' first appeal directed against the order of the Motor Accident Claims Tribunal, Kangra Division dismissing their petition for compensation under Section 110-A of the Motor Vehicles Act, 1939.

(2.) Daya Ram was employed as a truck driver by the respondents Tani Ram, Smt. Raj Kumari, Jagmohan and Chain Lal. They owned Truck No. HIM-4934, which was insured with the Oriental Fire & Life Insurance Company Limited. On February 18, 1968, Daya Ram was driving the truck from Mehatpur to Bahi Kharialti in the Tahsil of Hamir-pur. At Talmehra, at about 6 O'clock in the morning, the truck met with an accident. It overturned and Daya Ram was killed. His widow Smt. dayatri Devi, his daughter Neelam and son Papu filed a claim on May 3, 1968 before the Motor Accident Claims Tribunal under Section 110-A of the Motor Vehicles Act for compensation from the employers and the Insurance Company. The respondents resisted the claim on the ground that the Tribunal had no jurisdiction to entertain it and that it did not disclose any cause of action against them. The Claims Tribunal dismissed the claim by its order deted December 2, 1970. It held that the claim did not disclose any cause of action against the respondents inasmuch as no plea of negligence had been taken therein. It also held that Daya Ram had died during the course of his employment and therefore the claim properly lay before the Commissioner under the Workmen's Compensation Act and not before the Motor Accident Claims Tribunal.

(3.) The claimants then filed the present appeal.