TRIVENI PRASAD Vs. INDRAPAL KACHHI

JUDGEMENT

(1.) THIS is an appeal against the award dated 6. 3. 1990 passed by Motor Accidents Claims Tribunal, Rewa, in Claim Case No. 34 of 1988.

(2.) THE facts of this case are as follow: The appellant No. 1 is the owner of the tractor to which a trolley is attached. It is registered as MPA 7901. The respondents filed an application before the Motor Accidents Claims Tribunal claiming that their son Banaspati died as a result of accident caused by rash and negligent driving of tractor MPA 7901 by appellant No. 2 on 14. 5. 1988 at about 3. 00 p. m. It was also stated that Banaspati was studying in Vth class and was earning Rs. 10/- per day as a casual labourer. It was alleged that tractor dashed against Banaspati when he was standing near the house of appellant. They claimed Rs. 65,000 in all by way of damages.

(3.) THE appellants denied that any such accident took place with their tractor.