RAJINDER SINGH Vs. SURESH KUMAR

JUDGEMENT

(1.) THIS appeal by the owner is directed against the award of the learned Motor Accident Claims Tribunal, Bilaspur in MAC Case No. 53 of 2004/02, dated 24.12.2004 whereby the learned tribunal has awarded a sum of Rs.3,84,500/- in favour of claimant, Suresh Kumar and fastened the owner and driver of the vehicle , i.e. the present appellants, with the liability to pay the said amount.

(2.) ACCORDING to the claimant on 4.2.2000 he was returning from school to his house. At a place near Nehari, he got down from a bus. Tractor No. HIB-4292 was going towards Badhaghat and was being driven by Rajinder Singh. Claimant was given lift on the said tractor and after the tractor had barely moved 40-50 feet, the driver could not control the tractor which started moving backwards. Due to the sudden jerk the claimant fell down between the mudguard and tyre of the tractor and was crushed there. He suffered serious injuries and was taken to the government hospital, Ghumarwin. Then he was referred to the District Hospital, Bilaspur and finally to the Post Graduate Institute, Chandigarh. The claimant was aged about 18 years at the time of the accident. He was a student and one of his legs has been amputated on account of the injuries sustained in the accident.

(3.) THE petitioner appeared as his own witness as PW-3 and gave details with regard to the accident and the nature of the injuries. His version was supported by PW-5 Lal Chand. No doubt this witness did not see the accident, but he does state that he saw that claimant Suresh Kumar was crushed under Tractor No. HIB-4292 and he alongwith others extricated the claimant from there.