PURAN Vs. SURAJ PATEL

JUDGEMENT

(1.) With consent of the learned counsel for the both parties, heard finally.

(2.) The claimants/appellants have preferred this appeal against the order dated 21-7-2000 passed by the 4th Addl. Motor Accidents Claims Tribunal, Mungeli, whereby the application filed by the claimants under Section 140 of the Motor Vehicles Act for grant of no fault liability has been rejected.

(3.) The applicants filed a claim petition on the ground that on 1-6-1996; while Sukalu father of appellants No. 1 to 3 was travelling in a tractor bearing No. M.Q.L. 4694 and trolley bearing No. M.Q.L. 4695 from Surajpura to Bandhya, he fell down from the tractor due to rash and negligent driving of driver Kunwar Singh/respondent No.2. He was treated but he died on 9-6-1996 as a result of the motor accident. Regarding death, crime No. 40/96 was registered at Police Station Lalpur for under Sections 279, 325 and 338(A) of I.P.C. A prayer for grant of compensation of Rs. 50.000/- was made. The respondent No. 1 and 2 filed their reply submitting that Sukalu did not die due to tractor accident and the respondent No. 2 did not drive the vehicle rashly and negligently. It was submitted that they were not responsible for payment of compensation. According to them, near Bandhamara nalla, one Puravan and Saheb threw Sukalu from the tractor and as a result of the injuries received by Sukalu, he died. They prayed that the case be rejected. The Tribunal after hearing the learned counsel for the parties and having considered the material on record rejected the claim petition.