SANTOKBEN ANUPSING CHAUHAN Vs. SURSING MOTIBHAI BARIA

JUDGEMENT

(1.) This first appeal presents peculiar facts and concerns the limited question of liability of Oriental Insurance Company Limited, opponent No.3 of the first appeal filed by the original claimants.

(2.) Brief facts are as under:

(3.) According to the claimants, the tractor was being driven rashly and at excessive speed. Even the joint, by which the trailer was attached to the tractor, was defective. As a result, the trailer got detached from the tractor and its one of the wheels ran over Anupsinh Chauhan, who was standing on the roadside causing his death. The accident caused bodily injuries to other bystanders also. We are, however, not concerned with their claim petitions since neither side has appealed against the judgement and award of the Claims Tribunal.