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1995 Supreme(Ker) 190

K.S.RADHAKRISHNAN, K.T.THOMAS
Babu – Appellant
Versus
Remesan – Respondent


Judgment :-

THOMAS, J.: -- Appellant is aggrieved as the Motor Accidents Claims Tribunal (for short 'the Claims Tribunal') declined to grant interim award envisaged in Section 140 of the Motor Vehicles Act, 1988 (for short 'the Act').

2. The facts in brief are these: On the noon of 15-5-1993 some workmen were engaged in loading a goods vehicle KRU 3544. For the safe transportation of the load in the vehicle, a rope was used for tying the load. One of the workmen, in order to make the end of the rope reach the other side of the vehicle, threw it up but accidently the rope, which was wet in the rain, became suddenly live from the electricity transmitted through a 66 K. V. high tension wire drawn above that place. In a trice all the workmen engaged in the loading exercise were electrocuted and they sustained severe burn injuries from the high voltage power passed through them. Appellant sustained such amount of burns on his right hand that the said hand had to be amputated. He filed a claim petition before the Claims Tribunal for compensation under the provisions of Section 166 of the Act. He also filed an application for interim award as envisaged under Section 140 of the Act. Claims










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