TIJAUWA Vs. RAJMANI

JUDGEMENT

(1.) Short facts involved herein are that deceased Radheshyam was accompanying a Barat in a tractor bearing Registration No. 4135 MKA and trolly No. 4136 MKA on 22-6-1991 which was owned by respondent No. 2 and was being driven by respondent No. 1 at the relevant time in rash and negligent manner. The driver could not control the tractor with the result that the trolly turned turtle on right side. Radheshyam received severe injuries and ultimately succumbed to death due to them.

(2.) Tijauwa, widow aged about 30 years of Radheshyam with her four children aged about 7, 5, 3 and 1 respectively, submitted a claim petition under section 166 of M.V. Act, 1988 for compensation of Rs. 3,80,000/- . Respondent Nos. 1 and 2 after being served gave appearance through lawyer and sought time on 3-12-1991 for filing written statement.

(3.) On 3-12-1991, a compromise application was submitted mentioning therein that the tractor was not insured and the owner of the tractor, trolly was not in a position to contest the claim case. Two respectable persons of village Khera fixed the amount of compromise at Rs. 35,000/- . Out of the settled amount Rs. 20,000/- on 2-12-1991 and remaining amount was paid on 2-12-1991. Accordingly, prayer for dismissal of the claim case was made on the basis of said compromise.