SHEIKH MUNAVVAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THE claim petition, filed by the claimant-appellants for compensation, having been dismissed by the Member, Motor Accidents Claims Tribunal, Jhabua, in Claim Case No. 7 of 81, they have filed this appeal Under Section 110-D of the Motor Vehicles Act.

(2.) FACTS giving rise to this appeal, may be stated, in brief, thus: The appellan are the parents of the deceased Sheikh Usuf, who died as a result of the accident that occurred to the tractor on 31-12-80, in which as a result of the injuries sustained by him he died on 7-1-81. The deceased Sheikh Usuf at the time of his death was aged about 20 years and was working at the of per month as emoluments though he was engaged on a daily basis. Further according to the claimants the deceased was working as a dtivet on the said tractor for which he had a driving licence.

(3.) ON 31-12-80 while he was driving the tractor number MPZ-7617 along with the trolly loaded with material for being taken to the tank site, at about 1 p.m., on the way the tractor over-turned on the mendh as the owner of the field through which the tractor was passing to the site refused to pass it through his field as his gram crop was standing thereon. As a result of the said accident the deceased Usuf came under the tractor and received several injuries as also some other labourers. Injured Usuf was taken to the Government Hospital Thandla wherefrom he was shifted to District Hospital, Jhabua as his physical condition had become serious, but he succumbed to his injuries on 7-1-1981.