PANKAJ MEHRA Vs. KAMLIYA AND OTHERS

JUDGEMENT

(1.) Being aggrieved by the award dated 28th Nov., 2006 passed by AMACT, Jobat in Claim Case No. 158/05 whereby the claim petition filed by the appellant was dismissed, the present appeal has been filed.

(2.) Short facts of the case are that appellant who was aged 17 years filed a claim petition before the learned Tribunal alleging that appellant was going on a tractor bearing registration No. MP45/M/0936 which was attached to a trolley No. MP45/M/0937 in the capacity of a labourer. It was alleged that offending tractor was being driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3 at the relevant time. It was alleged that because of rash and negligent driving of respondent No. 1, appellant fell down and sustained bony injuries which were permanent in nature. It was prayed that a sum of Rs. 5 Lacs be awarded against the respondents.

(3.) The claim petition was contested by the respondent Nos. 1 and 2 alleging that no accident has taken place with the offending tractor. It was alleged that appellant fell down from a tree and sustained injuries. It was prayed that claim petition be dismissed.