KANHAIYALAL Vs. KAMLESH SINGH

JUDGEMENT

(1.) The appellant has filed this appeal under section 173 of the Motor Vehicles Act, 1988 against the award dated 21.1.2003 passed by the Motor Accidents Claims Tribunal, Ganjbasoda in Claim Case No. 13 of 2000.

(2.) On 10.5.2000, deceased Bhagwan Singh was sitting in a tractor bearing registration No. MP 04-4872. The tractor was coming after loading flagstone. Due to rash and negligent driving by the driver of the tractor, the tractor turned turtle and the deceased Bhagwan Singh who had been sitting in the trolley attached to the tractor, fell down and due to the aforesaid accident he died.

(3.) The Claims Tribunal has held that the deceased died when he was sitting in the trolley attached to the tractor. Kalyan Singh in his evidence stated that the deceased Bhagwan Singh fell down from the trolley. The Claims Tribunal further held that the deceased died when he was travelling in the trolley which was attached to the tractor. The tractor was insured by the insurance company for agriculture purpose. On the basis of the aforesaid evidence, the Claims Tribunal has held that the insurance company shall pay the amount to the claimants and it could recover the amount from the owner and awarded a total compensation of Rs. 54,500.