ORIENTAL INSURANCE COMPANY LIMITED Vs. ISHWANTI

JUDGEMENT

(1.) The present appeal has been preferred by the appellantInsurance Company assailing the impugned Award dated 27.10.2009 passed by the learned Motor Accident Claims Tribunal, Rohtak, (for short, 'the learned Tribunal'), holding the appellant liable to indemnify the claimants. The brief facts of the appeal in hand are that on 10.07.2008, the deceased, Amarjeet, went to the fields for preparing the land for sowing paddy crops on a Swaraj Tractor bearing registration No.HR- 12J-0865, being driven by the driver, Manjeet, respondent No.4 herein. The deceased was sitting on the mud-guard of the said tractor. When the driver, respondent No.4 was driving the tractor in the fields, the rear wheel of the tractor got struck in the mud, the front portion thereof got raised in the air and suddenly fell down. Due to this, the deceased fell on the front portion of the tractor with a jerk and fell down in the fields. Resultantly, the deceased sustained grievous injuries in his abdomen. He was removed to the PGIMS Rohtak where he succumbed to the injuries.

(2.) In this background, the claimants, who are the parents of the deceased, Amarjeet, preferred claim petition No.131 of 18.12.2008, seeking compensation on account of the death of their unmarried son in the accident which took place on 10.07.2008.

(3.) From the pleadings of the parties, the following issues were framed:-