RUKMANI DEVI Vs. BASANTILAL

JUDGEMENT

(1.) THIS appeal is directed against the award dated 19.9.1977 passed by the learned member, Motor Accidents Claims Tribunal, Mandsaur, in Claim case No. 14 of 1973.

(2.) THE material facts are as follows: Tractor No. M.P.N. 8237 with, the attached trolley No. 8236 belonged to the respondent NO. 1 at the material, time. It was insured with the respondent No. 3 The tractor at the time of the accident was being driven by the respondent No. 2 Lalkhan. On 3.5.1973 at about 11.30 a m. when the deceased Arun Kumar was going on scooter No. M.P.I. 5104 to the college at Mandsaur he was dashed against by the, said tractor which was coming from the opposite direction. Arun Kumar sustained severe injuries in the accident. He was admitted in the hospital. He succumbed to the injuries on 5.5.1973. The claimants who are parents of the deceased filed an application under Section 110-A of the Motor Vehicles Act claiming Rs. 1,00,000/- as compensation from the respondents on the ground that the accident was caused on account of rash and negligent driving of the tractor by the respondent No. 2 in the course of his employment with the respondent No. 1.

(3.) DURING the pendency of the claim petition the claimant Umashanker Bhargava father of the deceased and his legal representatives were brought on record.