KAMAL YASHWANT PATIL Vs. SURYAKANT HINDURAO PATIL

JUDGEMENT

(1.) The Appellant herein who is the original claimant has impugned the judgment and award dated 28th June, 1994 passed by the M.A.C.T., Sangli in Motor Accident Claim No.187 of 1987. By the impugned judgment and award, the Claims Tribunal has directed the Respondents to pay to the Appellant-original Claimant compensation of Rs.48,800/- with interest @ 12 % per annum from the date of the petition till final realization.

(2.) Brief facts necessary to decide this appeal are as under: The Appellant, hereinafter referred to as the Claimant, is the widow of Yeshwant Laxman Patil, who expired in a motor vehicular accident on 26th April, 1987 involving tractor bearing No.MXW 422, which was owned by the Respondent No.2, driven by the Respondent No.1 and insured by the Respondent No.3. It was the case of the Claimant that the accident was caused solely due to rash and negligent driving of the tractor by the Respondent No.1. She claimed that the deceased was 40 years of age. He was an agricultural labourer earning income of Rs.600/- per month. She therefore filed an application under Section 166 of the M.V. Act claiming total compensation of Rs.1,00,000/- with interest.

(3.) The Respondent Nos.1 and 2 denied that the accident was caused due to rash and negligent driving of the driver of the tractor. The Respondents claimed that the deceased and two other labourers were sitting in the trolley of the tractor. It is alleged that the deceased stood up to pluck mangoes while the tractor was in motion. He lost balance and fell down and came under the wheels of the trolley. The Respondent No.3 has claimed that the death of Yeshwant was due to his own negligence.