RAJESH KUMAR Vs. RAM CHANDER

JUDGEMENT

(1.) The instant appeal has been preferred by the insured against the Award dtd. 1/6/2010 passed by the learned Motor Accident Claims Tribunal, Bilaspur, (for short "the Tribunal"), in M.A.C.No.51 of 2007, whereby appellant has been fastened with liability to pay the awarded amount of compensation along with interest to respondent No.1 herein (for short "the claimant").

(2.) Claimant had filed a claim petition under Sec. 166 of the Motor Vehicles Act (for short, 'the Act') for grant of compensation against appellant (insured/owner), respondent No.2 (for short "driver") and respondent No.3 (for short "insurer") on the premise that the claimant had suffered injuries and permanent disablement as result of motor vehicle accident involving tractor bearing No. HP-69-0628. The case of the claimant was that on 2/10/2006, he was engaged as labourer by the owner and driver for loading and unloading the goods i.e. construction material in the trolley attached to the aforesaid tractor. It was further alleged that, while unloading the tractor at village Nand, Tehsil Nalagarh, District Solan, the tractor turned turtle due to rash and negligent driving of driver and resulted in causing injuries and permanent disablement to the claimant.

(3.) The owner and driver had submitted their joint reply. The rash and negligent driving on the part of driver was denied. It was submitted that at the time of accident the tractor was parked for unloading the mud. Claimant was unloading mud and due to his own negligence, he skidded and fell down and sustained injuries. It was further submitted that the vehicle/tractor was insured with the insurer and the liability, if any, was to be borne by the insurer.