SUKUWA DOHAR Vs. ASHOK KUMAR NIYOGI

JUDGEMENT

(1.) BY this judgment, we propose to decide both the appeals mentioned above since they arise out of the same award of the Motor Accidents Claims Tribunal, Satna, in Claim Case No. 16/96, dated March 15, 1997.

(2.) SOKHILAL (24), son of Sukuwa, was employed with Ashok Kumar as a labourer. It is further stated that he was employed with tractor No. CPA 6293. Accident took place on 26-3-1987 in which Sokhilal died when he came underneath the wheels of the tractor. The allegation is that the accident took place due to rash and negligent driving of the tractor, otherwise it would not have happened. The matter was reported to the police which registered Cr. Case under Section 304-A of the IPC. At the time of accident, deceased was the only son of the claimant. Wife of the deceased had left him and settled with some other person, leaving the claimant alone at home as a dependent on the deceased. The deceased was earning Rs. 15. 00 per day. Total compensation of Rs. 1,60,000. 00 has been claimed.

(3.) RESPONDENT No. 2 has denied the allegation that the deceased was working with him and he died in the accident as alleged. It is denied that the tractor was owned by him and was being plied by him on the date of accident.