GOODWILL TRACTORS Vs. MOKHAN BAI BHANDARI

JUDGEMENT

(1.) Aggrieved by the award dated 31.12.2008 passed by the Additional Motor Accident Claims Tribunal (FTC), Balod, Distt. Dury (hereinafter referred to as "the Tribunal") in claim case No. 4/08 awarding compensation of Rs. 2,05,400/- in favour of the claimants fastening the liability upon the appellant, this appeal has been preferred by the appellant-dealer of Swaraj Tractor and Spare Parts. Facts of the case, in brief, are that on 1.11.2007 when Narendra Kumar sitting in the trolley attached to the tractor, he fell down from the said trolley due to rash and negligent injuries and ultimately succumbed to the same.

(2.) A claim case filed by the claimant for compensation of Rs. 7.42 lacs under various heads against the death of Narendra Kumar. In the claim petition, the appellant-Good Will Tractor was impleaded as non-applicant No. 2, inter alia, pleading that the tractor in question was purchased by Pingal Bilsariya (respondent No. 7 herein) from the appellant, who was dealer of Swaraj Tractor involved in the case.

(3.) Respondent No. 7 Pingal contested the claim on the ground that the tractor in question was purchased by him on 15.10.2007 through finance from the appellant and payment towards insurance and registration was also made to the appellant and therefore, it is the duty of the appellant to pay compensation.