SOMAJI Vs. SHANTILAL

JUDGEMENT

(1.) THIS appeal arises out of the award passed by the Motor Accident Claims tribunal, Waraseoni (Balaghat), in Claim Case No. 2/96, dated 30-7-1997.

(2.) THE accident took place on 10-11-1989 at about 6 p. m. when lukendra (deceased) was carrying bricks through Tractor No. MKK 7184. Trolley tilted, he fell down and sustained injuries, resulting in his death. The allegation is that the accident took place due to rash and negligent driving of the tractor by Surendra Kumar, owned by Shantilal and insured with the united India Insurance Company Limited.

(3.) THE respondent Nos. 1 and 2 have denied the taking place of accident due to rash and negligent driving of the tractor by its driver. They have said that the tractor-trolley was being driven properly and carefully. The deceased fell of his own and sustained injuries. The Insurance Company has also denied the claim on the ground that the deceased died due to his own negligence, facts stated in the claim petition have been denied and it is stated that the bricks were being carried for hire and reward.