- (1.) A Truck bearing registration No. BHV-9016 was engaged in carrying bauxite stones from Lohardaga to Chandwa-Tori Railway Station and on the way on 30.10.1985, one Abdul Ghafoor An-sari loaded vegetable baskets and she goats thereon and himself also sat on it. It was a half dalla truck and bauxite holders was already loaded thereon to its capacity.
(2.) THE said truck turned turtle at Salaiya Tonggi turning due to negligence of driver and in the said accident, Abdul Ghafoor Ansari sustained serious injury and died after 1-1/2 months. His widow and five sons filed Compensation Case No. 49 of 1986, under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'). Safia Khatoon, daughter's daughter of Abdul Ghafoor Ansari had also loaded her vegetable baskets and had sat in the cabin of said truck. She also sustained injury and her left leg from knee was subsequently amputated. She filed another claim application for compensation, bearing Compensation Case No. 47 of 1986, Both claim applications were heard together and disposed of by common judgment.
(3.) THE present appeal has been filed by claimants of Claim Case No. 47 of 1986, challenging tribunal's order, whereby they were held not entitled to any compensation under the Act, on the death of Abdul Ghafoor Ansari in the accident in question.;