U.S.Tripathi, J. - (1.) The first appeal from order has been preferred against the judgment and order/award dated 13.2.1992 passed by Motor Accident Claims Tribunal/1st Additional District Judge. Bijnor in Motor Accident Claim Case No. 175 of 1988 awarding a sum of Rs. 72,000 with Interest at the rate of Rs. 9% per annum from the date of accident, to the claimants-respondents.
(2.) The deceased Rajendra Kumar aged about 21 years. S/o opposite party Nos. 1 and 2 and brother of opposite party No. 3 was an employee of appellant State Bridge Corporation. On 2.6.1982. the said Rajendra Kumar was going to the site of Bairage of Madhya Ganga Canal Construction Division, on truck No. U.T.B. 2503 owned by the appellant. The truck was loaded with stones and pebbles. Due to rash and negligent driving by the driver of said truck, it suddenly turned, due to which the deceased fell down from the truck and died on the spot. The claimants filed claim petition on account of death of Rajendra Kumar in motor accident. The claimants claimed compensation amounting to Rs. 1,10,000, as the income of the deceased was Rs. 649 per month and he would have survived upto the age of 75 years.
(3.) The appellant filed written statement admitting the date, time and place of accident and also Ihe involvement of the truck no. U.T.B. 2503 in the accident. It also admitted the ownership of the above truck. The claim petition was conlested on the ground that the accident did not take place due to rash and negligent driving of the driver of the truck, but the above truck was going towards the bairage when a private truck came from opposite direction with an excessive speed. The road was very narrow and the driver of the truck in question tried his best to avoid the accident, but in doing so. he had to take the truck on the strip of the road and since the truck was loaded with stones had become disbalanced and turned, as a result of which Rajendra Kumar came under the stones and died on the spot. It was further contended that the deceased was not a regular employee of the appellant and he was a daily wages worker. He was getting Rs. 9.20 False per day as his daily wage. The claimants/respondents were not dependents on the income of the deceased. The appellant had already paid a sum of Rs. 11,000 to the respondents by way of compensation under the Workmen's Compensation Act, 1923, to the full and final satisfaction of the claim and therefore, the claim petition was not maintainable.;