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CHHATTISGARH HIGH COURT
P. R. Ramachandran Menon, J
Rajeshwari and Others v. Rasool Mohammed and Another
| Table of Content |
|---|
| 1. claim for compensation in motor vehicle accident. (Para 1 , 2 , 3) |
| 2. defendants' counterarguments regarding negligence. (Para 4 , 5 , 6) |
| 3. examination of claim applicability based on vehicle definition. (Para 7 , 8 , 9 , 10 , 11) |
| 4. accident specifics and claim maintainability issue. (Para 12 , 13 , 14) |
| 5. judgment on applicability of motor vehicle definition. (Para 24 , 29 , 31) |
| 6. final decision on appeal dismissal. (Para 32) |
1. Appellants - claimants have filed this appeal under S.173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') challenging the impugned award dated 26.8.2014 passed by the Motor Accidents Claims Tribunal, Korba (for short 'Claims Tribunal') in Claim Case No. 126 of 2009 whereby learned Claims Tribunal dismissed the claim application as not maintainable.
2. Facts relevant for disposal of this appeal are that Mahettar Singh was working with SECL, Dipka Coal Mines 2, on the post of EPGH. On 8.6.2009 at about 1.50 a.m. Mahettar Singh along with other co - employees was attending to electrical defect at savel No. 139 at Coal Mines 2. Mahettar Singh was handing over the articles / equipments from ground to upside, while so one dozer No. 1
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