GUDDU PATEL AND ORS. Vs. SADHURAM AND ORS.

JUDGEMENT

(1.) The appeal is by the driver and owner of the offending vehicle, which was involved in the accident.

(2.) Challenge in this appeal is to the award dated 20.06.2013, passed in Claim Case No.40/2011, by the Second Additional Motor Accident Claims Tribunal, Baloda Bazar.

(3.) Briefly stated facts of the case is that a claim petition was filed by the mother, father, wife and two minor children of the deceased namely Kamal Narayan Chandel stating that on 21.05.2011 the deceased was engaged as labour in tractor and trolley bearing No.C.G.-04-DM-9411 and in a consequence of rash and negligent driving, the deceased, Kamal Narayan fell down from the tractor and sustained injuries and subsequently succumbed to the injuries. It was stated that the deceased was working as labour in the said tractor and trolley and on the date of accident, some stones were being carried in the tractor for construction of pump house in the field. So on the different heads, an amount of Rs.25,62,000/- was claimed.