RADHABAI AND ORS. Vs. SURESH KUMAR AND ORS.

JUDGEMENT

(1.) The appellants have preferred the present appeal against the award dated 8.3.1999 passed by the Additional Motor Accident Claims Tribunal Sohagpur in Claim Case No.23/1996, whereby the claim application of the appellants/claimants under Section 166 of the Motor Vehicle Act, 1988 (hereinafter referred as 'the Act') was dismissed and it was directed that a sum of Rs.57,000/- be returned by the appellants to the Insurance Company, which was paid under Section 140 of the Motor Vehicle Act.

(2.) Facts of the case in short are that on 13.11.1996 the respondent no.1 took a tractor bearing registration no. MP 05 F 7201 to plough the field of one Kamlesh brotherin-law of the respondent no.2 Jeevan Singh, who was owner of the tractor. The respondent no.1 was taking that tractor from the village Jinoura to the field of Kamlesh. At about 6:00 p.m., the respondent no.1 parked the tractor and went to drink some water. The deceased Kallu aged 15 years came and sat on the driving seat of the tractor, thereafter the tractor which was stationed on the slop was started and fell down into the Kubja river. Due to that accident, the deceased Kallu sustained the injuries on his head and right hand and ultimately, he died. The appellants have preferred a claim application under Section 166 of the Act for compensation of Rs.3,60,000/-.

(3.) The respondent nos.1 & 2 in their written statements denied the negligence of the respondent no.1 and it was pleaded that the deceased himself died due to his own negligence. His legal representatives were not entitled to get any compensation. In alternate, it was pleaded that the tractor was insured with the respondent no.3 i.e. Insurance Company and therefore, the respondent no.3 was responsible for payment of the compensation, if any.