YOGENDRA PRASAD Vs. VINOD KUMAR

JUDGEMENT

(1.) This appeal is directed against the award dated 15.4.1999 in Motor Accident Claim Case No. 69 of 1998, by Addl. Motor Accidents Claims Tribunal, Mauganj, District Rewa, whereby an award granting total compensation of Rs. 69,000 in favour of the petitioner claimant-respondent No. 1 has been passed, as against the owner of the vehicle, the appellant .

(2.) The allegations were that the mother of petitioner-respondent No. 1 was sitting on the side of the road selling vegetables on 27.4.1990. The tractor-trolley owned and driven by the appellant ran over her, resulting in her sustaining grievous injuries which despite treatment led to her death. It was also alleged that the respondent No. 3 was the insurer of the vehicle.

(3.) Learned Tribunal found that Tedhi Bai, the mother of claimant-respondent No. 1, Vinod Kumar, had sustained fatal injuries in the accident. It was, however, observed by the learned Tribunal that the claimant has failed to prove that offending tractor was insured by respondent No. 3. Accordingly, though the respondent No. 3 was exonerated from liability. However, liability to pay compensation was fastened on the owner-driver of the tractor-trolley, the appellant herein.