GANESH BAI Vs. SOBRAN RAI

JUDGEMENT

(1.) This appeal has been preferred by the claimants aggrieved by an award dated 5.9.2000, passed by the Third Additional Motor Accidents Claims Tribunal, Chhatarpur in Claim Case No. 18 of 1999 awarding a sum of Rs. 71,000 on account of death of Vithol, aged 32 years.

(2.) It is averred in the claim petition that in an accident dated 18.2.1999 when HMT tractor (MP 16-A 2362) was ploughing the agriculture land, it turned turtle, owing to which Vithol who was helping in the agriculture operation came beneath the tractor and died on the spot. The tractor was driven by Sobran, owned by Ghanshyamdas, insured with New India Assurance Co. Ltd. Report of the incident was lodged. Crime was registered against the driver for offence under section 304-A of the Indian Penal Code at Crime No. 79 of 1999. Deceased owned 5 acres of agriculture land. In addition, he was an agriculture labourer, used to earn Rs. 20,000 per annum. Compensation of Rs. 5,55,200 was claimed.

(3.) The owner and driver in their reply contended that the vehicle was insured. Deceased was not driving the tractor at the time when accident took place, but, he was taking a bath near pond (talaiyd). Owing to mechanical defect the tractor slipped and turned turtle, due to which Vithol died. Hence, the liability is that of the insurer.