NANHE BHAI Vs. NETRAM

JUDGEMENT

(1.) The appellants/claimants have filed this appeal under Section 173 of the Motor Vehicle Act, 1988 (for short 'the Act') being aggrieved by the Award dated 29.9.2003 passed by the Ist Addl. M.A.C.T, Damoh in Claim case No.15/2002 dismissing their claim regarding the vehicular death of their son Hargovind aged 14 years.

(2.) The facts of the case in short are that on dated 28.10.01 Hargovind aged 14 years, son of the appellants being labourer was working on the thrasher propelled by the tractor bearing registration No. M.P.34-M/0929. The respondent No.1 being driver of such tractor, after giving motion to it's engine to propel the thrasher left such place and seated at some distance. In the lack of constant observation and negligence of respondent no.1, the connecting shaft of the tractor with thrasher was broken, resultantly said Hargovind sustained injuries on his chest and neck.

(3.) In reply of respondents No.1 and 2, the ownership of the thrasher with them is denied. It is stated that the alleged accident did not take place because of any negligence on the part of the respondent No.1. On holding any liability against them, the same be saddled against respondent No.3/insurer as the tractor was duly insured with it.