SUMAN KALI JAISWAL Vs. DHARMWATI

JUDGEMENT

(1.) APPELLANTS/claimants have preferred this appeal against the award dated 14-9-2002 passed by 4th Motor Accident Claims Tribunal, Rewa for enhancement of awarded amount.

(2.) ON 8-10-2000 at about 3. 00 a. m. Rajbhan Jaiswal husband of appellant No. 1 while father of appellant Nos. 2 to 4 and son of appellant Nos. 5 and 6 was going to Allahabad by tractor trolley bearing registration No. M. P. 17-D-1976 and M. P. 17-D-1977 driven by Vijay Shukla, respondent No. 2 in rash and negligent manner and suddenly applied the brake. Resultantly, Rajbhan fell down sustained injuries, but on the way to hospital he succumbed to injuries. The tractor was owned by respondent No. 2 while insured with respondent No. 3. The deceased was a mason and earning Rs. 3,000/- p. m. In addition to it he was also involved in agriculture and selling the vegetables and earning Rs. 6,000/- p. m. Thus, he was earning total Rs. 9,000/- p. m. Due to untimely death of the deceased appellants were lost their bread winner and deprived from love and affection. The claim was filed for compensation of Rs. 16,00,000/ -.

(3.) IN reply, respondent Nos. 1 and 2 contended that respondent No. 1 has sent the deceased Rajbhan and other labours for bringing cattle feed in a tractor driven by respondent No. 2. On the way the deceased Rajbhan fell down from the tractor and died, no negligence was committed by the respondent No. 2. Respondent No. 2 had a duly issued and effective licence, tractor was insured with respondent No. 3 and prayed for dismissal of claim application.