FIMIDABEE W/O ABDUL GAFFAR Vs. KALIM KHAN

JUDGEMENT

(1.) Both these appeals challenge judgment and order dated 05.01.2008 passed by the learned Chairman, Motor Accident Claims Tribunal, Washim in M.A.C. Petition No.64/2006.

(2.) The facts of this case are quite peculiar and can be stated as under.

(3.) I will refer the parties by their designation in the lower court. Respondent no.1 Faimidabee is owner of agricultural land Survey No.136 of village Kajleshwar, Taluka Karanja, District Washim. She started the work of digging of well in her field. She also used explosives for digging. Respondent No.2 is the owner of the vehicle in question, which is a Tractor. Respondent No.1 gave work of digging of the well to the respondent No.2, who was using explosives for digging the well. On 08.04.2005, at about 0415 p.m., respondent No.2 and his employee planted explosives inside the well for the purpose of causing explosion. The power for trigger of the explosives came from the battery of the Tractor which was parked nearby. Explosion took place and a large stone flew in air and fell on the head of one Firoz who was standing in front of a shop in the village. The distance between the well and Firoz was about 300 ft. Firoz died due to head injury. The petitioners are legal representatives of dependents of Firoz. They were advised to file this petition asserting that the accident involved 'use of motor vehicle' namely the Tractor.