POORAN LAL Vs. AMRATLAL

JUDGEMENT

(1.) This appeal has been preferred being aggrieved by the award dated 31.1.2005 passed by Second Additional Motor Accidents Claims Tribunal, Katni in Claim Case No. 159 of 2004, whereby the claim petition of appellants has been allowed in part and the respondents are directed to pay the compensation of Rs. 52,000 with interest at the rate of 9 per cent per annum on account of death of their son Gudda alias Premchand caused in a motor accident.

(2.) THE facts of the case in short are that on 20.5.2003 Ahilyabai was coming with her son Gudda alias Premchand in tractor No. MP 21 -9416, trolley No. MP 21 -9416, the tractor was being driven rashly and negligently by Amratlal, respondent No. 1, on account of which the tractor turned turtle resulting into death of Gudda alias Premchand on the spot.

(3.) RESPONDENT Nos. 1 and 2 submitted the written statement denying the factum of negligence by the driver mainly contending that respondent No. 1 was having valid and effective driving licence. The vehicle was insured with respondent No. 3, therefore, they are not liable to pay any compensation.