NEETA AND ORS. Vs. BANARASI DASS AND ORS.

JUDGEMENT

(1.) THIS is an appeal directed by the widow, minor daughter and parents of Rampal who died in a motor vehicular accident.

(2.) THE allegations made in the claim petition are that on 02.10.2000, deceased Rampal was travelling in a tractor bearing registration No. UP -12D -4331 (hereinafter referred to as "the offending tractor"). He was coming from his village towards Karnal. The tractor was being driven by respondent No. 1 rashly and negligently and when it reached near canal colony, Meerut Road, Karnal, then at about 3.00/3.15 PM, its driver took a sharp turn on account of which he lost his control over the tractor as the speed was very high and as a result thereof, the tractor turned turtle and the deceased struck against it and sustained multiple injuries due to which he succumbed at the spot. A sum of Rs. 10 lacs was claimed as compensation by the claimant/ appellants.

(3.) RESPONDENT No. 3 -Insurance Company denied the factum of accident and has pleaded that the tractor has been involved just to extract compensation. It is further pleaded that driver of the offending tractor was not having a valid and effective driving license.