RAM SAGAR Vs. RAJIV

JUDGEMENT

(1.) THIS First Appeal From Order under Section 173 of Motor Vehicles Act, 1988 filed by appellants is directed against the judgment/award dated 4.3.2004 passed by Additional District Judge, Court No.5, Hardoi dismissing the M.A.C.P. No. 159 of 2001 (Ram Sagar and another Vs. Suresh Chandra and 2 others).

(2.) I have heard Sri Mushtaq Ahmad Siddiqui, learned counsel for the appellants, Sri Manzar Ali Khan, learned counsel for the respondent nos.1 and 2 and Sri Ashish Kumar Srivastava, learned counsel for the Insurance Company.

(3.) BRIEFLY stated facts are that appellants filed claim petition before M.A.C.T./District Judge, Hardoi under Section 166 of the M.V. Act claiming a sum of Rs.4,00,000/ - as compensation on account of death of their son Satyapal @ Deepu aged about 14 years. It is stated that on 23.5.2001 at 6/7.00 p.m. Satyapal while coming on Bicycle met with an accident with a Tractor Mahindra which was being driven in rash and negligent manner. Front wheel of the Tractor crushed the neck of Satyapal @ Deepu causing his instantaneous death. Number of tractor was given as U.P. 30C/2823 which was owned by Suresh Chandra and Ram Shankar and was driven by Suresh Chandra. Report was lodged in Case Crime No. 58 of 2001, under Sections 279/304 -A I.P.C. Respondents no.1 and 2 denied the allegations of the claim petition. It was alleged that Suresh Chandra alone drives his tractor and does not give it to drive to anybody else. He was driving his tractor very slow but suddenly brake failed and tractor turned turtle. It was not on account of negligence but on account of act of God. He was driving the tractor and Rakesh was sitting on tractor. Due to fear, both ran away but Rakesh was caught, therefore, report was lodged against him. Tractor was duly insured with National Insurance Company Ltd., Hardoi etc. Insurance Company denied the allegations of claim petition. Tribunal framed following Issues: -