TILOK & ORS Vs. ISRAM @ VISHRAM & ORS

JUDGEMENT

(1.) This appeal has been filed under Section 173 of the Motor Vehicles Act 1988, being aggrieved by the impugned award dated 05.09.2005 passed by the Motor Accident Claims Tribunal, Khandwa (MP) in Claim case No. 18/04.

(2.) It is not in dispute that applicant no. 1 to 4 are the children of applicant no. 5 and deceased Umen Singh. It is also admitted that the respondent no. 2 is the owner and respondent no. 3 is the insurer of the offending tractor and trolley bearing registration no. MP 12 M/0787 & 0788.

(3.) In brief, the facts of the case are that on 13th December 2003, the deceased Umen Singh was travelling in the offending vehicle along with his yield (soyabean crop) which was being taken to Bhikangaon Krishi Upaj Mandi. Due to negligent and rash driving of the tractor by respondent no.1, deceased Umen Singh who was sitting over the sacks containing soyabean on the trolley, fell down from the trolley and the wheel of the tractor rolled over his body. Deceased Umen Singh was brought to the hospital where he succumbed to his injuries.