NUMAN SAHU Vs. GIRDHARI LAL SAHU

JUDGEMENT

(1.) The Claimants/Appellants have preferred this present appeal challenging the judgment and award dated 24.07.2013, whereby the claim petition of the appellants has been dismissed by the Tribunal holding that claimants have failed to prove that deceased Domanlal had died in an accident with tractor No. C.G. 05 G 0343 and trolley No. C.G. 05 G 0344.

(2.) The Claim petition was instituted by the claimants-appellants alleging in that on 27.05.2012, one Domanlal was working as labour (Coolie) on the tractor No. C.G. 05 G 0343 and trolley No. C.G. 05 G 0344 had gone along with the driver of the tractor to bring sand from Devpur. When the tractor after loading the same from Devpur, returning back to Village Korra, at about 07.45 p.m. on the way when the ill fated tractor and trolley reached near limtara Parevadeeh road, met with an accident due to rash and negligent driving of the tractor by Respondent No.1. It is alleged that Respondent No.1 had drive the vehicle rashly and negligently on the uneven road, due to which, deceased Doman fell down from the tractor trolley and died on the spot. In the aforesaid background, claimants/appellants prayed for compensation of total sum of Rs.8,50,000/-.

(3.) The Respondents No.1 and 2 filing their reply, have denied the liability on the plea that the vehicle was insured with the Respondent No.3/Insurance Company.