RAMCHANDRA Vs. SHIVNARAYAN

JUDGEMENT

(1.) This order shall also govern disposal of M.A. No. 1202 of 2000, Sarita v. Shivnarayan, as the same accident is the genesis of these two appeals. For the sake of convenience relevant facts in brief may be noticed from the above appeal.

(2.) On 18.4.1999, Suresh and Sherulal accompanied by one Shivnarayan went to the agriculture field of Bhanwar Singh, respondent No. 2, on a tractor. Shivnarayan, driver employed by respondent No. 2, was on driving seat. He brought the tractor to a halt near border of the field and before alighting he did not switch off the engine. He also did not took care to place any stopper to prevent accidental movement of tractor. Tractor on account of slope started rolling in reverse direction and fell into a nearby ditch. As a result Sheru and Suresh, who were sitting in the tractor, were crushed to death. Their legal representatives lodged two separate claims before the Additional Motor Accidents Claims Tribunal, Jaora. Claim petitions were contested by respondents and they denied their liability to pay compensation. It was also denied that accident, if any, arose out of the use of motor vehicle in a public place. Appreciating evidence led by parties, learned Claims Tribunal accepted the contentions of respondents and rejected claim petitions.

(3.) I have heard the rival submissions at length and perused material available on record.