DURIYABAI & OTHERS Vs. CHAMPAK BHAI & ANOTHER

JUDGEMENT

(1.) This Miscellaneous Appeal is directed against the order dated 26.09.2005 passed by Motor Accident Claims Tribunal, Sendhwa in claim case No.167/2003 whereby the learned Tribunal awarded Rs.3,08,000/- to the appellants alongwith interest @ 9% from 19.11.2003 to the date of presentation of application on account of death of Isram Bareka husband of appellant No.1 and father of appellants No.2 to 5.

(2.) According to facts as stated in the application by appellants, the deceased was travelling in a tractor trolly bearing registration No.GJ-15-6061/GRT-9411 alongwith his fellow labourers and they were coming back to their residence, on 26.11.2002 at about 8:30PM. The offending vehicle bus bearing registration No.GJ-18- V-4746 which was being driven by respondent No.1 and under the ownership of respondent No.2. Respondent No.1 brought the vehicle from opposite side driving it in a rash and negligent manner and dashed the vehicle to the tractor. As a result of the accident, Isram died. Sitaram and Chhagan sustained serious injuries. They filed separate claim petitions which were also disposed of by the same award.

(3.) The respondent filed reply of the application and stated therein that the accident took place due to contributory negligence on part of driver of the tractor, and therefore, they are not liable for compensation.