CHANDAN SINGH RAGHUVANSHI Vs. RAMESHWARI BAI

JUDGEMENT

(1.) All these appeals are disposed of by this common judgment as common question is involved in all these appeals. Misc. Appeal No. 291 of 1992 is preferred by the owner and driver of the vehicle whereas Misc. Appeal No. 16 of 1993 is preferred by insurance company arising out of the award dated 15.9.1992 passed by the Motor Accidents Claims Tribunal, Guna in Claim Case No. 5 of 1991.

(2.) Question involved in these appeals is whether in the facts and circumstances of the case, Claims Tribunal was justified in exonerating the insurance company from its liability to indemnify the claimant and owner and driver of the vehicle.

(3.) Facts of the case are that on 9.12.90 at about 12 in the noon, Chandan Singh, owner and driver of the tractor No. MKH 4867, was travelling on his tractor from village Dhamnar to Guna. The tractor was attached with a trolley. Deceased Rameshchandra was permitted to sit in the trolley of the tractor for the purpose of agriculture by Chandan Singh. It is alleged that the tractor was driven in a rash and negligent manner by Chandan Singh. He could not control the tractor and the tractor dashed against a tree and trolley overturned. Deceased Rameshchandra was thrown from the trolley and was crushed by the trolley. Deceased sustained injuries and died.