1. This appeal raises an interesting question of law as to whether the concrete mixture machine can be called as “motor vehicle” within the meaning of section 2(28) of the Motor Vehicles Act, 1988 (hereinafter will be referred to as “Act” for convenience).

2. Appeal is directed against the judgment and award passed on 27/01/2014 by M.A.C.T. Nagpur in Claim Petition No. 896/2005, thereby directing the appellant, who is the owner of the concrete mixture machine to pay the compensation of Rs.6,27,000/- to the respondent nos.1 and 2, who are the parents of deceased Harish, with interest at the rate of 7.5% per annum from the date of the order till its realization.

3. Brief facts of the appeal, can be stated as follows:-

Respondent nos.1 and 2 are the parents and respondent no.3 is the brother of the deceased Harish. On 12/12/2004 at about 11:30 p.m., Harish was proceeding on his motorcycle Bajaj Boxer bearing no. MH-31-BJ-7206 from Sitabuldi to his house. Near the turning of Khamla Basti on Khamla Road, his motorcycle slipped on the road while taking turn because of the debris material like concrete, mud and other materials lying on the road, which was on account of excavating o