NEW INDIA ASSURANCE CO LTD Vs. VIDYA DEVI

JUDGEMENT

(1.) This F.A.F.O. has been directed against the award dated 15.9.1994, passed by the learned Motor Accidents Claims Tribunal, Ambala, which allowed the claim petition and claimants were awarded a sum of Rs. 1,95,000 which was to be distributed to the claimants as per para 12 of the award itself which runs as follows:

(2.) Some facts can be noticed in the following manner. On 5.3.1993, deceased Rishal Singh along with petitioners Vidya Devi and Bablu was going to Pinjore from Rampur Sipuri on a tractor-trolley No. HP 17-3541. The trolley was loaded with sand and the tractor was being driven by SherSingh, respondent. The deceased was sitting on the mudguard of tractor, whereas, Vidya Devi and Bablu were sitting in the trolley loaded with sand. Respondent, Sher Singh, was driving the tractor-trolley rashly and negligently and at a very high speed and as a result of which the deceased fell down from the mudguard of the tractor and was run over by the wheel of the tractor. The deceased was taken to Civil Hospital, Pinjore where he was declared dead. It is the further case of the claimants that the deceased was aged about 40 years. He was a labourer and was earning Rs. 1,500 per month. Petitioner No. 1 is the widow. Petitioner Nos. 2 to 5 are the minor sons and daughters of the deceased and they were dependent on the income of the deceased. With these broad allegations the petitioners claimed compensation to the tune of Rs. 5,00,000.

(3.) Notice of the claim petition was given to the respondents. The driver of the tractor did not appear in the trial court. He was proceeded ex parte. Respondent No. 2 Jiwan Ram is the owner of the tractor. He filed the written statement and denied the allegations. According to him, his driver refused to accommodate the deceased to board the tractor but the deceased insisted and when the tractor had just started the deceased jumped on the tractor to sit on the mudguard and fell down and thus he was crushed. The accident did not take place on account of the negligence of respondent No. 1.