HIRA BAI Vs. PRATAP SINGH

JUDGEMENT

(1.) The claimants-appellants, the legal representatives of deceased Lakhan Singh Lodhi (hereinafter referred to as 'the claimants'), have called in question the sustainability of the award dated 31-1-2005 passed in Claim Case No. 66/03 by the First Additional Motor Accident Claims Tribunal, Sagar (in short 'the tribunal').

(2.) The facts which are essential to be stated for adjudication of this appeal are that on 23-10-2002 Lakhan Singh Lodhi was seated in a tractor bearing registration No. M. P. 15/F-2354 belonging to Pratap Singh the respondent No. 1, for the purpose of ploughing the field of one Khalak Singh and at that juncture the tractor turned turtle as a result of which Lakhan Singh came underneath the said tractor and breathed his last at the spot. A report was lodged by Khalak Singh son of Roop Singh Lodhi at the Police Station, Gorjhamar and accordingly a criminal case under Section 304-A of the Indian Penal Code was registered. Because of the death of Lakhan Singh his legal representatives initiated an action under Section 166 of the Motor Vehicles Act, 1988 for grant of compensation of Rs. 26,10,000/- on the ground that the deceased was aged about 25 years and was earning Rs. 50,000/- per annum by doing agricultural activities along with his father and by ploughing and sowing the fields by tractor.

(3.) The respondent No. 1 while replying the claim putforth by the claimants admitted most of the facts. He contended that the claimants have putforth a claim in an exaggerated manner; and that he is the registered owner of the tractor in question which was insured with the respondent No. 2, New India Insurance Co. Ltd. on the date of accident and, therefore, in case of any liability, would be on the insurer. The respondent No. 1 accepted that the deceased used to drive the tractor in question and he had the licence for the said purpose. The respondent No. 1 also contended that on the date of accident the deceased was driving the said tractor on his instructions according to the terms and conditions of the insurance policy and, therefore, the Insurance Company is liable to pay the compensation.