BANESINGH Vs. SAMPATBAI

JUDGEMENT

(1.) One tractor bearing registration No. MPN 7630 with trolley bearing registration No. MPN 7681 was being driven by appellant No. 2 Ratansingh on 6-1-1981 on the Ujjain Maksi road going from Ujjain side to Maksi side. One Hiralal was working as a labourer and for that reason he was travelling in the trolley along with other labourers. On the way, the tractor and trolley turned turtle. Hiralal was pressed under the trolley and received injuries to which he succumbed. The respondents are the wife, son and daughters of the said Hiralal.

(2.) The respondents filed a claim before the Motor Accident Claims Tribunal, Shajapur claiming compensation against all the three appellants of Rs. 1,21,000/- on the ground that at the time of the accident, the tractor was being driven by the appellant No. 2 Ratansingh rashly and negligently due to which the accident took place. The appellant No. 1 being the owner of the tractor trolley and the appellant No. 3 being the insurer on the date of accident were vicariously liable for paying the compensation.

(3.) The learned Tribunal found that the deceased died due to the rash and negligent driving of the tractor by the appellant No. 2. At the time of his death, the deceased was about 40 years old and was earning about Rs. 400/- per month. Therefore, it awarded respondents, aggrieved by which the appellants preferred this appeal.