JAGAT NARAYAN SHARMA Vs. MITHLESHI ALIAS MITHLA

JUDGEMENT

(1.) This Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act against the award dated 13/7/2010 passed by Additional Member, Bhind to the Court of Sixth Additional Motor Accident Claims Tribunal (Fast Track Court) Bhind in Claim Case No.31/2009, by which the insurance company has been exonerated.

(2.) It is the case of the claimants that on 20/5/2009 the deceased was travelling in a tractor No.MP 30 M 9530 and trolley No.MP 30 M 9531 from Singpura to Daboh and the tractor was being driven in a rash and negligent manner by appellant no.2. Because of rash and negligent driving, the tractor turned upside down resulting in death of the deceased.

(3.) The appellants filed their written statement and denied that the deceased was travelling in the offending tractor No. MP 30 M 9530 and trolley No.MP 30 M 9531. It was their case that in fact the deceased and other persons were travelling in a tractor No. MP 30 M 2044 from village Singpura to Daboh. It was further pleaded that appellant no.2 was transporting wheat husk in the trolley. On the way, he met with Rakesh Kumar who was with his tractor and he stopped the appellant no.2 for conversation purposes, at that time the deceased persons forcibly and without the permission of appellant no.2 sat in the trolley, as a result of which, the trolley turned upside down because of overweight on one side resulting in death of three persons. The tractor was being driven by appellant no.2 cautiously and not in a rash and negligent manner and thus, the appellants are not liable for payment of any compensation.