SAVITRI BAI Vs. GOVIND

JUDGEMENT

(1.) This appeal has been preferred by the claimant aggrieved by an award dated 1-4-1999 passed by Addl. Member, MACT, Harda, in claim case No. 12/97.

(2.) It was averred in the claim petition that on 27-11-96 the respondent No. 1, Govind was driving the tractor No. M.P.05/2257 owned by Shivgopal and insured with National Insurance Co., rashly and negligently. The deceased was coming back from the agricultural field to the house, due to rash & negligent driving tractor turned turtle, owing to which Abhimanyu, aged 20 years, sustained injuries and died. He was earning a sum of Rs. 5,000.00 per month. The claim petition was preferred by mother of the deceased. Father has died earlier.

(3.) In the reply filed by respondent Nos. 1 and 2, driver and owner, contended that tractor was not driven by Shri Govind, it was in the agricultural field, deceased Abhimanyu himself took away the tractor while he met with an accident, deceased himself was negligent, as such compensation cannot be claimed, vehicle was insured with National Insurance Co.