JAGADEOPPA MUTTAYAPPA BIRAJDAR Vs. SATISH NAGANATH GAIKWAD

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 20 March, 1997 passed by the Member, Motor Accident Claims Tribunal, Solapur (for short "the Tribunal") awarding compensation of Rs.75,000/- to the respondent No. 1.

(2.) The appellant is the owner of a tractor bearing registration No. MXO-6026 involved in the accident. The respondent No. 1 is the person injured in the accident. The respondent No. 2 is the driver of the tractor.

(3.) On 3 January, 1991 at about 6.30 p.m. the respondent No. 1 was walking on Mulegaon Doddi Road near Agatrao Bansode grocery shop in village Mulegaon. At that time, the tractor bearing registration No. MXO-6026 driven by the respondent No. 2 came from behind and gave a dash to the respondent No. 1 who sustained crush injuries to his both legs. This caused permanent disability to the extent of 60%. The respondent No. 1, who was then a minor, through his mother filed an application for compensation. The application was resisted by the appellant. The appellant while admitting the accident denied that it was caused on account of rash and negligent driving of the respondent No. 2. He contended that the tractor was drawing two trolleys loaded with sugarcane. Some boys including the respondent No. 1 were trying to jump on the trolleys for snatching sugarcane and in that attempt the respondent No. 1 fell down and suffered injuries. The driver of the tractor was not negligent in driving the tractor. The appellant was, therefore, not responsible for paying any compensation.