SUBHASH Vs. SARJIT AND ORS.

JUDGEMENT

(1.) The present appeal has been directed against the award dated 15.11.2013 passed by the Motor Accident Claims Tribunal, Rewari (in short, 'the Tribunal') whereby the application filed by the claimant for grant of compensation under Section 166 of the Motor Vehicles Act, 1988 (in short, 'the Act') has been dismissed. Subhash, the injured victim, preferred an application for grant of compensation on the premise that on 26.12.2010 at about 11.00 a.m., he was supplying Bajra Pooli to the thresher attached with tractor No. HR-36-M 0575 owned by his father and his left hand got entangled in the thresher (machine). He was immediately taken to Dr. Atam Parkash Hospital, Rewari where he was operated upon for traumatic amputation of the hand at wrist level.

(2.) The learned Tribunal while deciding issue Nos. 2 to 4 rejected claim of the applicant/appellant for the reasons recorded in paras 19 to 26. A relevant extract from paras 19 to 26 is reproduced hereunder for ready reference:

(3.) Counsel for the appellant contends that even if the appellant was a tortfeasor, it cannot be said that the claim is not maintainable. For this purpose, he has referred to judgment of this Court in New India Assurance Company Limited v. Gulab Chand Chorasya and Others,, 2011 1 TAC 577.