MALKIBAI Vs. BADRIPRASAD

JUDGEMENT

(1.) THE appeal is directed against the judgment and award dated 10. 1. 1987 of the Motor Accidents Claims Tribunal, Jhabua, passed in Claim Case No. 31 of 1985 whereby the claimants-appellants have been awarded a compensation of Rs. 35,000/- with a further direction that the same would be paid by respondent Nos. 1 and 2.

(2.) THE brief history of the case is that Narsingh, the husband of the claimant-appellant No. 1 and father of claimant-appellant Nos. 2 to 8 and son of the claimant-appellant Nos. 9 and 10, was bringing maize-straw in a motor tractor No. MBI 8687. This motor tractor was owned by the respondent No. 2, the predecessor of respondent Nos. 2 (1) to 2 (8) and was driven by respondent No. 1. The motor tractor was insured with respondent No. 3 at the relevant time.

(3.) NARSINGH had engaged this tractor for bringing the maize-straw from the threshing ground of Narsingh. He was also sitting on the trolley for maintaining the balance of straw loaded on the trolley. Narsingh was thrown out of the trolley and fell beneath the rear wheel of the trolley and died on the spot.