HUKAM SINGH Vs. JANAK STEEL TUBES LTD

JUDGEMENT

(1.) THIS appeal is directed against the order dated 14. 6. 91 passed by motor Accidents Claims Tribunal, Hisar (for short to be referred to as 'm. A. C. T. , hisar') vide which the claim of the present appellant with respect to the damage caused to the tractor bearing No. HYL 2275, was dismissed.

(2.) IN brief the facts of the case are that on 26. 11. 1990, Krishan Kumar had come to Hisar along with Suresh Kumar to sell his cotton and after selling the same they were returning in tractor No. HYL 2275 being driven by Krishan Kumar, deceased, whereas Suresh Kumar was sitting on the mudguard of the tractor. At about 10 p. m. when they reached near Satrod Khurd near bridge of canal, Krishan Kumar stopped the tractor-trolley on the extreme left side of the road to urinate. After urination krishan Kumar was checking the articles lying in the trolley. In the meanwhile truck no. HYT 1211 which was being driven by karam Vir, respondent No. 2, came from opposite direction in a rash and negligent manner and hit the right side of the tractor as a result of which Suresh Kumar fell down from the tractor. The tractor was bro-ken into pieces. Krishan Kumar received injuries on the head and died on the spot. Hukam Singh, the claimant, who was the owner of the tractor-trolley filed the claim petition for the grant of compensation to the tune of Rs. 50,000 on account of damage caused to the tractor-trolley. It was also pleaded that the claimant suffered loss of Rs. 10,000 by not plying the tractor for 2 months because it remained idle during this period.

(3.) THE claim petitions were contested by the respondents by filing separate written statements.