MAHILA KALAWATI Vs. SHYAM SUNDER DANDOTIYA

JUDGEMENT

(1.) THIS appeal is by the claimants against the rejection of their claim.

(2.) CLAIMANTS filed a claim petition alleging therein that deceased Ram Akhtyar was travelling in trolley of a tractor bearing No. MP 06/J 4197 owned by respondent No. 1 and driven by respondent No. 2. Said vehicle was insured with respondent No. 3. It is contended that the tractor was being driven in a rash and negligent manner. Tractor dashed against a tree, which caused injuries in the fingers of deceased. Fingers of deceased were amputated and during treatment deceased died.

(3.) CLAIMS Tribunal after appreciation of evidence recorded a finding that injuries sustained by deceased Ram Akhtyar were not on account of an accident, in which tractor was involved. Tribunal held that injuries suffered by the deceased were on account of fall of stone from the house.