NATIONAL INSURANCE CO. LTD Vs. MAHILA BHOGA

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, against the order dated 30.7.93 passed by Motor Accident Claims Tribunal, Morena in Claim Case No. 34/91, whereby Rs. 68,000/- has been awarded in favour of respondent No. 1, Mahila Bhoga, mother of deceased Ranjeet who met with an accidental death on 23rd May, 1991.

(2.) THE deceased Ranjeet was engaged as a Palledar (labour) doing the job of loading and un-loading with respondent No. 12, owner of the offending vehicle i.e., Tractor No. MP-06/6083. On the fateful day the tractor was being driven by respondent No. 13. The tractor was utilised for taking mustard crop from the field to warehouse. The trolley was attached with the tractor. The deceased was sitting on a mud-guard, when the accident occurred and he died.

(3.) LEARNED Counsel for the appellant, Mr. Malhotra submitted that the Tribunal held that the tractor was being driven rashly and negligently. The Tribunal after considering entire material on record in paras 8 & 9 of the judgment held that Ranjeet was sitting on the mud-guard of tractor. It was also held that the tractor trolley was being used for loading-un-loading agricultural produce and the deceased Ranjeet was working as a Palledar at the relevant time for loading and un-loading goods and as such he was sitting on the tractor. Mr. Malhotra, learned Counsel for the appellant referred to Section 2(46) which is as under: "trailer" means any vehicle, other than a semi-trailer and a side-car, drawn or intended to be drawn by a motor vehicle. Mr. Malhotra further referred to Section 61 of the Motor Vehicles. It reads as under: