SHAKUNTALA Vs. GHANSHYAM DHAKAD

JUDGEMENT

(1.) -THIS appeal is filed by claimants being aggrieved by the award dated 8. 10. 2002 passed by the Additional member Judge, Motor Accidents Claims tribunal, Sabalgarh, District Morena in motor Accident Claim Case No. 18 of 1999 whereby a sum of Rs. 1,02,000 has been awarded towards compensation to the claimants for the death of Netram.

(2.) BRIEF facts of the case are that the deceased Netram was about 24 years of age at the time of the accident as per the findings of the Claims Tribunal. He was a driver of a tractor owned by Gangaram. On 30. 4. 1999 at about 3 in the afternoon, he was sleeping in a shadow beneath the tractor-trolley bearing registration No. MP 06-1462 which was loaded with sugarcane. Respondent No. 1, Ghanshyam Dhakad, driver of the tractor started the tractor on reverse side due to which head of the deceased came under the rear wheel of the trolley and the deceased died due to the said injury.

(3.) THE widow, sons and parents of the deceased filed an application for compensation. The Claims Tribunal found that the deceased was 24 years of age at the time of the accident. The Claims Tribunal also found that though the accident has resulted due to rash and negligence on the part of the driver, respondent No. 1, but the deceased has also contributed to the accident to the extent of 50 per cent. According to the finding of the Claims Tribunal, the deceased could not have slept beneath the trolley of the tractor and thus, he has contributed to the extent of 50 per cent in the accident. Hence, the Claims Tribunal deducted 50 per cent amount from the compensation.