HASSAN MOHD Vs. RAHISAN

JUDGEMENT

(1.) This is an appeal brought by the driver-cum-owner of the offending truck bearing registration No. HRU-4389 against the award dated 03.09.2011 passed by learned Motor Accidents Claims Tribunal, Nuh, (for short 'the Tribunal) vide which a sum of Rs.4,09,500 with interest has been awarded to the claimants-respondents No.1 to 6 on the death of Sallu. The claim petition had been brought under section 163-A of the Motor Vehicles Act, 1988 ( for short 'the Act' ) seeking compensation in a sum of Rs.10,00,000/-.

(2.) Regarding the mode of accident, it has been averred by the claimants that on 08.07.2008 at about 8.30 AM Hassan Mohd. @ Chote, respondent no.1 loaded dry fodder (wheat husk) in the tractor-trolley bearing registration No. HRU-4389 and started from his village for Sidhana (Rajasthan). Sallu was sitting near Hassan Mohd. at the mudguard of the tractor. At about 1.30 AM when they were 8 Kms ahead of Rewari at Narnaul road near bus stand, Dhamlawas , a truck came from their back side and had hit the trolley, as a result of which Sallu fell down on the road and was crushed under the tractor and died at the spot. On 09.07.2008 FIR No.120 was recorded at Police Station Rampura. Sallu was aged 35 years and was earning Rs.3300/- per month. The claimants are claimed to be his dependents.

(3.) The sole respondent by filing his written statement took some preliminary objections. He has denied the factum of accident and involvement of the offending vehicle in the accident. According to him, no accident as alleged by the claimants occurred on account of the driving of the tractor by him.