CHATUR RAO Vs. MANTHU

JUDGEMENT

(1.) THIS is an appeal against the award dated 4. 10. 1991 passed by Motor Accidents Claims Tribunal, Betul, in Motor Accident Claim Case No. 11 of 1988 under Section 110-D of the Motor Vehicles Act, 1939. The Claims Tribunal has awarded in favour of respondent Nos. 1 to 4 an award of Rs. 30,800/- with interest from 13. 6. 1988 at the rate of 12 per cent per annum. This award has been passed against the appellant, who is the owner and driver of the tractor-trolley registered as MKV 9785. The Claims Tribunal has declined to grant any amount against the respondent No. 5, the Oriental Fire and General Insurance Co. Ltd.

(2.) IT is not in dispute that the appellant was owner and driver of tractor No. MKV 9785. The tractor and trolley was insured with the respondent No. 5. The insurance was for agricultural purposes. It is alleged that on 10. 4. 1988, the deceased Jhamla Bai and other labourers were going in the tractor-trolley towards the Tapti river for bringing sand for the purpose of constructing a well. The tractor-trolley was being driven rashly and negligently by the appellant. As a result of rash and negligent driving on the part of the appellant, the tractor-trolley turned turtle and Jhamla Bai, wife of respondent No. 1, Manthu, died on account of the accident. At the relevant time, Jhamla Bai was aged about 30 years and she used to earn Rs. 15/- per day. In view of the death of wife of respondent No. 1, the respondent Nos. 1 to 4 claimed compensation worth Rs. 1,10,000 against the appellant and the respondent No. 5.

(3.) THE appellant denied the claim of respondent Nos. 1 to 4 in totality. It was his case that he was not rash and negligent. He also claims, by way of amendment, that the tractor-trolley was being taken to Tapti river for bringing sand for repairing the agricultural well which had sunk. In Other words, by way of amendment the appellant pleaded that the tractor-trolley was being used for agricultural purposes.