KRISHNAJI Vs. UMESH RAMBHAU SHRIRAME AND ORS.

JUDGEMENT

(1.) This appeal filed under Section 173 of the Motor Vehicles Act, 1988 (for short the said Act) takes exception to the judgment dated 19.01.2011 passed by the Motor Accident Claims Tribunal, Wardha allowing the application filed by the respondent no.1 under Section 163A of the said Act and awarding him compensation.

(2.) According to the respondent no.1, he was working as an agricultural labourer and was engaged by the appellant for harvesting Soyabean on a thresher machine. On 08.11.2006 when he was engaged in said harvesting work on the thresher machine which was attached to a tractor belonging to the appellant, an accident took place resulting injuries to his right hand which was required to be amputed subsequently. According to the respondent no.1, he was entitled for grant of compensation under the provisions of Section 163 A of the said Act and hence initiated proceedings in that regard.

(3.) The appellant filed his Written Statement vide Ex. 17 and took the stand that the tractor in question had been purchased on 28.12.2006 from the respondent no.3. It was pleaded that the alleged accident was not an accident involving motor vehicle and hence the appellant was not liable to satisfy the claim. The respondent no.3 also filed its written statement stating that the tractor in question was owned by the appellant and it was in his possession since prior to the accident.