GITA Vs. VISHNU KANT TIWARI

JUDGEMENT

(1.) Challenge in this appeal is to the award dated 30.07.2014 passed by learned Second Motor Accident Claims Tribunal, Manendragarh, District Korea C.G. in claim case no. 19/2011 whereby learned Claims Tribunal dismissed the application filed under Section 166 of the Motor Vehicles Act, 1988 (for short "Act of 1988") on the ground that the claimants have failed to prove negligence on the part of owner of the offending vehicle in the motor accident.

(2.) Facts of the case relevant for disposal of this appeal are that the offending tractor bearing registration no. MP 18AA 2748 was owned by non- applicant 2 and insured with non-applicant 3. On 23.02.2011, Mohar Say, while driving the offending tractor, was going to load cow dung manure on tractor trolley, it met with an accident and turned turtle. In the said accident, Mohar Say, driver of the offending tractor, suffered grievous injuries and died.

(3.) Claimants/ appellants who are wife and child of late Mohar Say filed an application under Section 166 of the Act of 1988 pleading therein that deceased Mohar Say was employed as driver of offending tractor owned by non-applicant 2. He was being paid Rs. 7,000/- per month as salary. Cause of accident as pleaded in the claim application was that when the deceased, while driving the Tractor, was going to load cow dung manure, reached near Mission School turn, suddenly a cow came in front of the vehicle, in attempt to save cow, he lost his control over the vehicle and met with an accident. Appellants-claimants have sought for compensation of Rs. 19,30,000/- from non-applicants 1 to 3.