SITA DEVI Vs. DHARAMBIR

JUDGEMENT

(1.) This appeal under section 173 of Motor Vehicles Act (hereinafter referred to as 'the Act') is directed against the award of the learned Motor Accidents Claims Tribunal, Kullu (for short 'the Tribunal') in Claim Petition No. 56 of 2000, decided on 1.3.2002 whereby he has dismissed the claim petition filed by the claimants.

(2.) The claimants are the widow, minor children and mother of late Shayam Lal. They filed a claim petition under section 166 of Motor Vehicles Act. In this claim petition it was alleged that on 31.12.1998 Shayam Lal was engaged as a helper by Gian Chand, respondent No. 4, for cutting and carriage of timber in tractor-trolley bearing No. HP-34 1051. It is alleged that the said tractor-trolley was hired by respondent No. 4 from its owner, respondent No. 1 and that Sunil Kumar, respondent No. 2, was the driver of the said tractor. It was further alleged that the respondent No. 2 in a rash and negligent manner suddenly applied the brakes as a result of which Shayam Lal fell down from the running vehicle between its tractor and trolley and due to such fall the tyres of the trolley passed over him and he died on the spot.

(3.) Respondent Nos. 1, 2 and 4 filed a joint reply. They denied that the accident had taken place in the manner mentioned. According to them the deceased was not travelling in the tractor-trolley. They also took up the plea that the deceased was never engaged as a helper. According to the defence raised the deceased was drunk and he attempted to climb on to the trolley of the tractor from the back and fell down and died. The insurance company took up the plea that the deceased was travelling as an unauthorised passenger in the tractor and as such it was not liable.