SHOBHA Vs. PUSHPABAI

JUDGEMENT

(1.) Feeling aggrieved by the impugned judgment and award passed in M.A.C.P. No. 728/2001 by the Member, Motor Accident Claims Tribunal at Ahmednagar, the appellant/owner has preferred this appeal by taking aid of Sec. 173 of the Motor Vehicles act, 1988.

(2.) The accident took place on 1/5/2001 about 2.30 p.m. in the land of one Mr. Sahebrao Gaikwad near his well where the work of excavation was going on. The appellant is the owner of the tractor bearing no. MH-16/F-3524 and trailer no. MH-16/H-3297. The said tractor and trolley were engaged by Mr. Sahebrao Gaikwad to transport the excavated material from the well. Respondent no. 1/original claimant was a labour employed for the said work.

(3.) It was about 2.30 p.m. when original claimant along with other labours had taken shelter in the shadow of the trailer when it was in stationary condition near the well. The driver of the said tractor without taking due care and caution and without looking to the persons sitting behind the tractor, started the tractor and took it to reverse side. Resultantly, the right leg of the claimant was fractured. She had also sustained other injuries. She was taken to the hospital of Dr. Deshpande where she was operated and treated. She is yet not fully recovered from the injuries caused in the accident. She is still suffering from 15% permanent disability. She has sought compensation of Rs.1,25,000.00 from the appellant/owner and respondent no. 2/insurance company.