NARENDRA SINGH Vs. GOVIND

JUDGEMENT

(1.) These appeals have been preferred by the claimant, driver and the owner aggrieved by an award dated 13.12.2001 passed by the First Additional Motor Accidents Claims Tribunal, Khandwa in Claim Case No. 69 of 2000. The claimant has prayed for enhancement of compensation whereas driver and owner have preferred their appeals as insurer has been exonerated.

(2.) Claimant Narendra Singh averred in claim petition that on 10.1.2000 at about 11.15 a.m., when he was standing in front of his house, the tractor-trolley bearing registration No. MP 10-A 3753 owned by Inder, driven by Govind alias Nanhu came to the village Khajuri and asked for the way of agricultural field of Pyara Singh. At the request of Govind alias Nanhu, respondent No. 1, the driver of the said tractor, claimant Narendra Singh boarded the tractor-trolley loaded with the bricks which was to be unloaded in the field of Pyara Singh. On the way to the agricultural land, Govind alias Nanhu drove the tractor in a rash and negligent manner owing to which, the trolley turned turtle. Claimant Narendra Singh fell down and sustained injuries in his backbone. He has incurred permanent disability due to paralysis of both limbs below waist level to the extent of 100 per cent. He was unable to perform his day-to-day duties and has suffered loss of income. He was earning by way of agricultural operation a sum of Rs. 60,000 per annum. In addition, he was a skilled mason and used to earn Rs. 25,000 to Rs. 30,000 per annum. Due to the accident, he was deprived of his entire income. Claimant Narendra Singh was aged about 35 years at the relevant time. He has incurred expenditure of Rs. 1,40,000 on the treatment and under the various heads claimed total compensation of Rs. 18,90,000 before the Tribunal.

(3.) The driver Govind alias Nanhu and the owner Inder in their reply contended that the claimant Narendra Singh was a skilled mason employed by the owner for construction of shed on the agricultural land of Pyara Singh, which was taken on "adhbatai' i.e., on crop sharing basis by the owner of the tractor-trolley Inder for a period of five years. An agreement giving the land on crop sharing basis was executed on 10.5.1999. The accident took place on 10.1.2000. As per the agreement, with the consent of Pyara Singh for keeping the agricultural implements and for keeping of oxen, shed was to be constructed. In that connection, bricks were taken by Inder. At that time, while he was transporting the bricks, the trolley turned turtle. Claimant Narendra Singh suffered injuries. Driver Govind alias Nanhu was not negligent. The tractor-trolley was used for agricultural purposes at the relevant time. That permanent disability has not been incurred by the claimant Narendra Singh. Excessive compensation has been claimed.