LAXMI CHAND Vs. CHAMAN LAL

JUDGEMENT

(1.) The above appeal by the owner -cum -driver of the tractor is directed against the award dated 22.06.1992 of Motor Accident Claims Tribunal (II), Sirmour District at Nahan in Claim Petition No.ll -N/2 of 90/89 whereby a sum of Rs.1,80,000/ - was awarded as compensation to the claimant -respondent for the death of his wife Smt. Vijay Kumari who died in the accident on 19.4.1989.

(2.) Briefly stated the facts of the case are that on 19.4.1989 at about 6 p.m. Smt. Vijay Kumari a J.B.T. Teacher was going on foot on her leftside on the road leading to the house of Mohammad Yusaf (PW -5) to village Johron. The appellant who is the owner of tractor No.HPN -2262 was driving his tractor at a very high speed and in a rash and negligent manner while he was coming from the side of the village Peepli -wala. When the tractor reached near Smt.Vijay Kumari, it had struck against her as a result of which she fell on the road and received serious injuries on her head and other parts of the body. The appellant did not stop his tractor after causing the accident even despite the request of PW.Mohammad Yusaf. Thereafter, one Master Laxmi Chand, his wife and various other persons reached the spot and took injured Smt.Vijay Kumari to the house of said Master Laxmi Chand but she died on the way. The claimant who is the husband of Smt.Vijay Kumari filed a claim petition before the Motor Accident Claims Tribunal below alleging, inter alia, that the accident had taken place due to rash and negligent driving of the tractor by the appellant resulting the death of his wife who at the time death was 27 years of age and was employed in Govt. Primary School, Haripur -Khole. The salary of the deceased before her death was Rs.2000/= per month. The appellant in his written statement stated that the age of the deceased was about 30 years at the time of the accident and she was not receiving salary of Rs.2,000/= per month. The appellant had admitted that he was driving the tractor near the place of the accident at the relevant point of time. However, it was denied by him that he was driving the tractor rashly or negligently or deceased Smt.Vijay Kumari was going from village Peepliwala towards other side of the road with a heavy hammer on her shoulder and when she reached near the house of one Kala alias Basheer and Dharam Singh, a buffalo calf was tied there with a rope and was grazing on the side of the road. The buffalo calf suddenly started running across the road as a result of the sound of the tractor but since it was tied with the rope it could not go beyond the length of the road and in the meantime Smt.Vijay Kumari entrapped with the rope around her body and in that struggle she fell on the metalled road and sustained injuries. It was further stated that in the meantime, the appellant reached the place of the accident with his tranctor and stopped the vehicle nearby. He pleaded that he had been falsely involved in this accident on account of previous ongoing litigation between the parties. He also asserted that he himself want to the Police Post Majra and narrated to the police about the entire facts but in the meantime, the claimant alongwith others reached the Police Post, Majra and manipulated the case registered against him for the cause of the death of Smt.Vijay Kumari.

(3.) On the controversial pleadings of the parties, the Motor Accident Claims Tribunal framed the following issues: