UNITED INDIA INSURANCE CO LTD Vs. BISHNA

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act is directed against the award of the Motor Accidents Claims Tribunal, Una (H.P.) in M.A.C. Petition No. 3 of 1996 decided on 25.6.1997.

(2.) The facts necessary for decision of the case are that Lachhmi Devi was hit by a tractor No. HP 20-0858. The claimants, i.e., the husband and sons of Lachhmi Devi filed a claim petition under section 166 of the Motor Vehicles Act, claiming compensation. In this claim petition, it was alleged that the accident took place on 30.11.1995 at 2.30 p.m. Deceased along with petitioner No. 1 were coming home after working in the fields when she was hit by a tractor No. HP 20-0858 which was being driven rashly and negligently by Ravi Dutt, son of Rampal, respondent No. 5. It was further alleged that the tractor in question was owned by Rampal, father of Ravi Dutt and Rakesh Kumar, son of Rampal who are respondent Nos. 6 and 7 in the present appeal. The respondent Nos. 5 to 7 filed a common reply. It was admitted that the tractor was owned by Rakesh Kumar, son of Rampal. The factum of the accident was denied. It was further stated that on 30.11.1995 the tractor in question was driven by Rakesh Kumar and not by Ravi Dutt.

(3.) The evidence was led by both the parties. The Tribunal held that the accident had taken place. It was also found that at the time of the accident Rakesh Kumar was driving the tractor. Since Rakesh Kumar was having a valid driving licence, the liability to pay the compensation was that of the insurance company.