CHANDER RAM Vs. CHAMAN LAL SAHU

JUDGEMENT

(1.) This appeal preferred by the Claimants is for enhancement of the compensation in connection with the death of a person, in an accident involving the offending motor vehicle-Tractor/Trolley. The case of the Appellants is that the deceased by name Pawan Kumar was standing in the agricultural field on 30.10.2012, when the offending Tractor/Trolley bearing Registration Nos. CG-07-NA-3679 and CG-07-NA-3680 driven by the 1st Respondent owned by the 2nd Respondent and insured by the 3rd Respondent knocked him down when the vehicle was proceeding on the reverse gear in the rash and negligent manner, virtually causing fatal injuries leading to the death of the person named above. This led to the claim petition filed by the Parents before the Tribunal.

(2.) It was contended by the Appellants / Claimants that the deceased, aged 21 years, was a labourer and was having a monthly income of Rs.4,500/-. The claim was contested by the Respondents both on quantum and negligence. The 3rd Respondent/Insurance Company specifically contended, while admitting the policy, that the deceased was virtually travelling as a passenger in the Trolley which instance was not covered under the statute/policy.

(3.) Evidence was adduced by both the sides in support of their contentions and after analysis of the facts and figures brought on record, the Tribunal held that the deceased was actually travelling in the Trolley at the relevant time and it was accordingly, that finding was rendered in favour of the Insurance Company, exonerating them from the liability.