MAGANBHAI JETHABHAI MAKWANA Vs. VANAJI MATHURJI THAKORE

JUDGEMENT

(1.) THIS appeal has been filed by the original claimants challenging a judgment and award dated 1.10.1999 passed by the Motor Accident Claims Tribunal, (Main), Ahmedabad (Rural), in MAC Petition No.1212 of 1992.

(2.) ONE Jethabhai Makwana was travelling in a tractor with a trolly attached thereto on 6.7.1992 as a labourer. The vehicle met with an accident when the tractor being driven by the driver in a rash manner threw the deceased off the tractor in which he received fatal injuries. The claimants, who included the widow of the deceased as well as the children, therefore, filed the above -mentioned claim petition seeking compensation of Rs.2,70,000/ - from the driver and owner of the tractor as well as from the Insurance Companies which had separately insured the tractor as well as the trolly.

(3.) THE Claims Tribunal had no hesitation in coming to the conclusion that the accident arose on account of rash and negligent driving of the tractor.